Identifying Third-Party Work Injury Claim Opportunities
Posted on Tuesday, April 2nd, 2024 at 7:47 pm
Injuries on the job can devastate not only your physical health but your financial health as well. While workers’ compensation tries to provide benefits to injured employees, it does not always cover the full extent of damages. In some cases, a third party may be liable for the injury, opening up additional avenues for compensation. As a law firm serving clients in Cincinnati, Ohio and Northern Kentucky, we can handle workers comp and third party claims. Here, we will discuss how to identify third-party liability in your work injury claim. We will also outline the process of seeking compensation beyond the workplace injury third party claims process.
What is Third-Party Liability in Work Injuries?
Third-party liability in work injuries occurs when someone other than the employer is responsible for the workplace accident. This could be a manufacturer of defective equipment, a property owner, or someone driving recklessly who causes a work-related vehicle accident. In Ohio and Kentucky, you can seek compensation from these third parties in addition to receiving workers’ compensation benefits.
Some common examples of these third-party liabilities claims include:
- Defective products or equipment — When a machine, piece of equipment, or tool malfunctions due to a manufacturing or design defect, causing injury to a worker, a court may find the manufacturer liable.
- Negligent property owners — If you are injured on a property that is not owned by your employer, the property owner may be responsible. This is true if their negligence contributed to the accident.
- Vehicle accidents — If you’re injured in a work-related vehicle accident caused by another driver’s negligence, the at-fault driver may be liable for damages.
Pursuing Compensation Beyond Workers’ Comp
One of the main advantages of filing a third-party work injury claim is the potential to receive compensation. This compensation goes beyond what is available through workers comp and third party claims. Workers’ compensation benefits can cover your medical care expenses and some of your lost wages. However, a claim against one or more third parties allows you to seek additional damages, such as:
- Pain and suffering — Financial compensation for the bodily and mental distress the injury has caused.
- Full lost wages — Recovery of the difference between your pre-injury wages and the financial benefits provided by workers comp and third party claims.
- Loss of future earning capacity — A monetary amount for the damage the injury did to your ability to earn an income in the future.
- Punitive damages — In exceptional cases involving gross negligence or willful misconduct, “punitive damages” may be awarded to punish the responsible party and discourage future wrongdoing by the third party.
The Process
The process of pursuing a third-party work injury claim can quickly become complicated and even overwhelming. It is essential to have an experienced attorney guiding you through each step. The overall process involves:
- Investigation — Attorneys and professional support staff will investigate the accident to determine if a third party may be liable and gather evidence to support your claim.
- Filing a claim — Once the lawyers have determined that a third party is indeed liable for your work injury, we can initiate a claim against the responsible party or their insurance company on your behalf.
- Negotiation — The next step is for your attorneys to negotiate with that third party or representatives from their workers compensation insurance to seek a fair settlement for your damages.
- Litigation — If an appropriate settlement cannot be reached, your attorney may file a lawsuit to represent you in court and pursue the justice you deserve.
Is Mediation Legally Binding?
Mediation is a common type of alternative dispute resolution used to resolve third-party work injury claims without going to trial. During mediation, a neutral third party (the mediator) facilitates the back-and-forth of negotiations. This is done between you and the responsible party to reach a mutually agreeable settlement.
Although mediation is an effective way to resolve disputes, the outcome of mediation differs. Mediation isn’t legally binding unless a settlement agreement is reached and signed by both parties. If such a settlement is reached during mediation, it becomes a legally enforceable contract. However, if mediation is unsuccessful, you still have the right to pursue your claim. You can do so through other legal means, such as filing a lawsuit.
Who To Choose
When searching for a firm to represent you, find one with experience handling such cases in your state. Look for attorneys who have a proven track record in securing compensation in your local area, whether that’s Cincinnati or Northern Kentucky. Also, look for lawyers who will offer personalized attention and support throughout the entire legal process. That’s where the veteran attorneys of Lawrence & Associates Accident and Injury Lawyers, LLC come in for your workers compensation claim.
At Lawrence & Associates Accident and Injury Lawyers, LLC, we understand the challenges faced by injured workers and their families. We have dedicated our professionals to helping our clients understand the process of third-party work injury claims. We can also help fight for the compensation you deserve. Our firm is committed to providing compassionate, knowledgeable representation to each and every client.
Contact Us Today For a Free Consultation
Unsure about workers comp and third party claim that you can file against your employer? Identifying liability in work injuries is a crucial step in securing the full compensation you deserve. By understanding your rights and working with an experienced attorney, you can equip yourself with the tools necessary. You can overcome the difficulties of pursuing your claim either in negotiation or through litigation. Seek legal advice for third-party work injury claims from an experienced Kentucky and Ohio workers compensation attorney. At Lawrence & Associates Accident and Injury Lawyers, LLC, we have committed ourselves to helping you pursue justice and recover the damages to which you are entitled. If you have been injured in a workplace accident and suspect that a third party may be liable, contact Lawrence & Associates Accident and Injury Lawyers, LLC at (513) 351-5997 now to arrange a no-cost consultation. Learn from our lawyers about your legal options to get the compensation you deserve with our third-party liability attorney for work accidents.