Determining Whether you Have a Third-Party Claim
If you were injured on the job, you may already know you have the right to seek workers’ compensation benefits from your employer. But another remedy – a third-party claim – may be available if your injury is severe and caused by another party’s negligence.
All states require employers to carry a workers’ compensation insurance policy, aside from Texas, which has a different mechanism for handling worker injury compensation. Businesses purchase a workers’ compensation policy from private insurers or special state funds to provide medical and wage benefits. But in cases of severe or catastrophic injury requiring a long-term recovery or lifetime medical needs, a third party liability claim may be able to help compensate for your injuries.
Severe, Catastrophic Injuries are High-Stakes Claims for Employers
Catastrophic injuries such as spinal cord injury, nerve damage, brain injury or amputations are often life-altering and may require medical care many years after injury. Some victims may never regain their social independence. Likewise, sometimes the full extent of your injury isn’t known for quite some time. These injuries resulting in long-term or permanent inability to perform work are cases which may warrant a third-party liability claim to compensate for the devastating financial and emotional toll from a life-changing injury.
Despite a declining frequency of worker injury in the United States, mega-claims in workers’ comp are on the upswing, according to the National Council on Compensation Insurance (NCCI). NCCI jurisdictions include more than 35 states, including Alabama, Arkansas, Georgia, Florida, Kentucky, Louisiana, Oklahoma, South Carolina and Tennessee.
Workers who suffer injuries requiring extensive medical treatment or resulting in permanent or partial disability may consider a third party personal injury claim against another entity. These civil lawsuits allow for recovery of non-financial damages from a liable party such as pain and suffering and loss of quality of life that are not available through workers’ compensation.
Even if you receive the maximum payout from your employer’s workers’ comp policy, you do not recover damages such as pain and suffering or loss of future income potential.
Do You Have a Third-Party Claim for a Workplace Injury?
If you or a loved one have suffered life-altering injuries due to a workplace accident, workers’ compensation and disability is often not enough to provide your family financial security. A third-party personal injury claim may be warranted if:
- You were struck by heavy machinery or equipment or compressed between objects while working
- You suffer a fall from dangerous scaffolding due to another company’s negligence
- Your employer willfully violated OSHA regulations that allowed an accident to occur
- You suffered a high-voltage electrical shock from exposed wiring or wiring not properly installed by a different contractor than your employer
- The conduct of a worker with a record of violent behavior in the workplace caused your injury
Article: Do I need a lawyer for a workplace injury?
If another third party was responsible for your injury you may be compensated through a third-party claim for damages not paid through workers’ comp. Find out whether you should consider a lawyer for your workplace injury.
Just as workers’ compensation insurance has different rules depending on where you live, personal injury laws vary from state to state. Some of the items that vary by state include: statutes of limitations, comparative negligence laws, wrongful death provisions, damage caps, and negligence per se standards. A strong understanding of your state’s personal injury and workers’ comp laws is important in determining whether you have a third party claim that is worth pursuing.
Tenacious Trial Lawyers With Deep Personal Injury Expertise
Trammell Piazza represents clients in high stakes civil litigation throughout the nation, primarily in the Southeast. With offices in Texarkana and Little Rock, Arkansas, Trammell Piazza is known for its excellent legal reputation and substantial courtroom experience and recoveries.
Our experienced trial lawyers fight for victims of catastrophic worker injuries, construction accidents and injuries due to defective or faulty equipment, inadequate safety measures and workplace negligence to achieve fair and reasonable compensation for the financial and personal impact caused by severe injuries. We keep you informed throughout the entire process, and our recoveries demonstrate our commitment to successful results that allow you to receive the care and financial resources to maintain the highest quality of life possible.
We handle all cases on a contingency fee basis, so you pay nothing while your claim is being worked through the courts and unless we receive a positive settlement or judgment in your case. Contact Trammell Piazza’s catastrophic injury lawyers today for a free initial consultation, and an experienced attorney will review the details of your case and help you determine the best course of action.