Third-Party Workers’ Comp Claims

If you’ve been injured on the job, workers’ compensation is often the primary way to seek damages from your employer. However, what many employees need to realize is that there may be other parties who can also be held responsible for their injuries. In cases where a third party can be held liable, a third-party workers’ comp claim can provide additional relief. Such claims are significant when an injury occurs due to someone else’s negligence or recklessness at work. In this article, we’ll explore how third-party claims work and what you should know if you find yourself in such a situation.

A Workers’ Comp Lawyer Will Fight For You

We specialize in third-party workers’ compensation claims at Chaikin, Sherman, Cammarata & Siegel P.C. Our experienced lawyers understand the complex legalities and requirements of this type of claim and are prepared to fight for you to ensure you get the compensation you deserve.

If you are an injured worker due to a third party’s negligence, contact our team for a free consultation today.

Seeking Additional Relief? Learn How Third-Party Claims Can Help Injured Employees

When filing a workers’ compensation claim, you will deal primarily with your employer and their workers’ compensation insurance company. Your employer is required to provide workers’ compensation benefits to make up for lost wages and provide medical care, but will not cover damages outside of that.

However, suppose someone other than your employer is to blame for the injury. In that case, consider filing a third-party workers’ comp claim to cover the damages your workers’ comp claim did not. Filing a third-party claim involves pursuing legal action against parties not covered by your employer’s workers’ compensation insurance. A third party could include a product manufacturer, another employee, or an outside contractor.

It is important to note that filing a third-party workers’ comp claim can be much more complicated than a typical workers’ comp claim. That’s why having experienced legal representation on your side is essential. An experienced attorney will be able to assess the details of your situation and help you determine if a third-party claim is an option for you.

Liability and Claims in Third-Party Workers’ Comp Cases

There can be various reasons why a third party may be liable for an employee’s injury or illness. Understanding the types of third-party claims available to injured employees is essential to pursue additional relief for workplace injuries or illnesses. Some of the common third-party claims include:

1. Negligence Claim: A negligence claim involves proving that a third party’s negligent actions caused injury to an employee.

2. Recklessness Claim: A recklessness claim holds a third-party liable for creating a dangerous situation or disregarding safety protocols that resulted in an employee’s injury.

3. Breach of Contract Claim: If there is an agreement between the employer and the third party, and it was breached, resulting in injury, then this type of claim can be filed against the third party.

4. Product Liability Claim: This type of claim alleges that a product’s design, manufacture, or distribution was defective or unsafe and caused harm to an employee while they were on the job.

Navigating third-party lawsuits can be complex and time-consuming. Still, these cases are often necessary to get the full and fair compensation you deserve. At Chaikin, Sherman, Cammarata & Siegel P.C., our experienced workers’ comp attorneys are here to help guide you through the process and fight for your rights every step of the way.

Contact us today for a free consultation to learn more about how we can help you with your third-party liability claim. Our team is ready and eager to fight for you!

Can I File a Workers’ Compensation Claim and a Third Party Claim?

Yes, it is possible to file both a workers’ compensation claim and a third-party claim if you have been injured on the job. A workers’ comp claim should be filed to receive medical benefits and wage replacement while you cannot work due to your injury.

In addition, filing a third-party claim allows you to seek further compensation beyond what workers’ comp provides.

What Damages Can I Receive from a Third-Party Workers’ Compensation Claim?

When filing a third-party workers’ compensation claim in Virginia, you may be eligible to receive various types of damages. These include:

Medical Expenses

These are costs associated with medical treatments and care, including doctor’s visits, hospital stays, rehabilitation, prescriptions, etc.

Lost Income

If you cannot return to work due to your injuries or illness, you may be eligible for compensation for the wages that would have been earned had you not been injured.

Pain and Suffering

If your injury or illness has caused physical, emotional, and/or psychological pain and suffering, you may be eligible for compensation.

Loss of Consortium

If your injury has impacted your ability to spend time with family or engage in previously enjoyable activities, you may be eligible for compensation.

Loss of Enjoyment of Life

If your injury has caused an inability to participate in activities that once brought joy and happiness, this loss can be compensated through a third-party claim.

Punitive Damages

These damages are intended to punish wrongdoers for their reckless behavior and discourage others from engaging in similar conduct in the future by providing additional financial compensation beyond economic losses for the victims’ pain and suffering.

The Right of Subrogation Under Third-Party Liability Laws

In Virginia, there is a right of subrogation under third-party liability laws that may apply to your case. This means that if you recover compensation from a third-party claim, the workers’ comp insurer has the right to take back any costs they paid out to cover your medical expenses or lost wages. Subrogation can be a complex area of the law, and it is vital to understand your rights to protect yourself.

Experienced lawyers can help explain who can get money and how the employer gets paid back if someone makes a third-party workers’ compensation claim.

Contact Our Experienced Team To Discuss Your Third-Party Workers’ Comp Lawsuit

If you have been injured on the job and believe a third party may be liable, speak with an experienced workers’ comp attorney immediately. At Chaikin, Sherman, Cammarata & Siegel P.C., our team of knowledgeable attorneys have extensive experience handling workers’ compensation cases. Our workers’ comp attorneys are here to help guide you through the process, pursue compensation, and fight for your rights every step of the way. Contact us today for a free consultation to learn more about how we can help you with your third-party workers’ compensation claim. Our team is ready and eager to fight for you! Let us help you get the compensation you deserve.