Third Party Work Injury Claims
Trusted Legal Counsel from an Orlando Workers' Compensation Lawyer
On worksites, especially busy and industrious construction sites, many employees are coming and going. There is often much commotion during working hours, which means that it is far too easy for an employee to be injured at any given moment. That employee can choose to file a workers' comp claim, which can help aid in recovering the costs of medical bills and lost income.
Did you know, however, that some employees may still yet be able to file an additional claim against a third-party? If you have been injured at work, you may be able to recover personal injury benefits in addition to workers' comp claims. Ask our Orlando workers' comp attorneys today about your legal options! We have over 25 years of legal experience and are board-certified in workers' compensation.
What Claims Can I Make?
Third-party claims allow injured employees the ability to pursue even more compensation in the event that their injuries were caused by a party other than their employer. Also known as "crossover cases," third-party claims can cover costs that workers' comp would not typically provide, such as pain and suffering, emotional anguish, and other incidental expenses that were related to your particular accident.
Here are some examples of third-party claims in work injury cases:
- An employee gets injured in a car accident by another negligent driver
- An employee is injured by poorly maintained equipment at a construction site
- An injury occurs on property belonging to someone other than the employer
- An employee is injured on the job by defectively designed or manufactured equipment
Third-party claims are typically brought against persons or entities other than your employer. Employers who provide workers' compensation coverage generally cannot be sued for work-related injuries unless the employer acts with gross negligence or intentionally causes harm to a worker. Employers may also be sued directly if they fail to provide workers' compensation coverage.
Burden of Proof in Third-Party Injury Claims
Workers' compensation claims are no-fault, meaning that workers are not required to prove that their employer was negligent in order to collect benefits. Third-party claims, on the other hand, require injured workers to provide evidence of another party's negligence in order to receive additional compensation. This involves demonstrating that a third party created the circumstances that caused your injuries.
To prevail in a third-party injury claim, you generally must prove:
- You had a work-related accident
- The third party owed you a duty of care
- This duty of care was breached
- You were injured due to this breach
- You suffered real damages due to this injury
As cases involving both third-party and workers' comp claims can have many legal complications and there may be some limits under the law. Having a qualified lawyer on your case is essential. At our firm, we work to minimize errors on your claim so that you can maximize your coverage.
We attentive to detail and professional through every step of the legal process. Contact us today to request a free case review! We are here to look out for your best interests.