Work related third party claims involve workplace negligence committed by parties other than the employer.
In general, employers are immune and can’t be sued for negligence by a worker covered by Workers’ Compensation insurance; however, workers are able to bring claims against other parties who do not have Workers’ Compensation immunity.
For example, a working employee becomes the victim of a slip and fall accident, so they pursue a Workers’ Compensation claim. However, the negligent party is an outside maintenance company that failed to safely maintain the working premises, thus resulting in the slip and fall.
A third party claim can be pursued against the maintenance company and possibly others, simultaneously as the Workers’ Compensation claim.
The defendants in the third party claim are subject to paying other damages, such as as pain and suffering, disfigurement and additional lost wage benefits, which are not available through the comp system, thus affording the injured worker remedies for compensation otherwise not available.
The same analysis holds true for a wide variety of other work related accidents, including those involving motor vehicles.
We strongly suggest to those who are either filing or considering filing a work related third party claim to contact us as soon as possible.
“Empathetic, Effective and Strong Legal Representation
August 17, 2015
When I was injured and needed legal representation, we hired Loren Gold. He is methodical, detail oriented, emphatic and understanding. He worked with my wife and I to understand the medical consequences of my injuries and the impacts upon our lives.
Loren helped us to obtain the appropriate medical care, navigate the bureaucracy and keep a perspective. With Loren, we have an advocate as well as an attorney. We have counsel that not only fights for our legal rights and interests but genuinely cares about our family.
I can not recommend Loren highly enough.”- Don
- Work Related Fall From Scaffold; 2016 |$188,000| Back Surgery
- Work Related Forklift Accident; 2011 |$100,000| Foot Fractures
- Work Related Truck Accident; 2010 |$500,000| Mild Brain Injury and Facial Fractures
- Work Related Fall, Unrailed Stairs; 2005 |$288,000| Facial/ Elbow and Arm Fractures
We offer a free initial consultation and do not charge if your case does not recover. If we recover on your case, our contingency fees are 33 % to 40 %.