FILING A THIRD-PARTY CLAIM AFTER A WORK INJURY
Dec. 21, 2021
When people get injured at work, the first thing they decide to do is file a workers’ compensation claim against their employer’s insurance company. While workers’ compensation is an excellent option for seeking compensation after a workplace accident, it is not the only option for recovering damages. When a work-related injury is the result of a third-party’s negligence, the injured worker can recover damages for their work injury by filing a third-party claim.
Work with an experienced attorney in Shrewsbury, Massachusetts, to review your particular case and find out what you can do to seek compensation for your work-related injury. As a skilled workers’ compensation attorney at the Law Office of James A. Maniatis, I represent clients throughout the Commonwealth of Massachusetts, including Shrewsbury, Webster, Southborough, Millbury, and Westborough.
COMMON WORKPLACE ACCIDENTS
There are many types of workplace accidents, but the following types of accidents account for the vast majority of on-the-job injuries:
Work-related car accidents
Falls from heights
Commercial vehicle accidents
Slip and fall accidents
Being struck by objects
Fires and explosions
Violence at work
Three common causes of work-related injuries include:
Inadequate employee training
Safety code violations
Regardless of what type of accident you were in or the injuries you suffered, consider speaking with an experienced work-related injuries attorney to determine your options for financial compensation.
STEPS TO TAKE FOLLOWING AN INJURY
If you sustained a work-related injury, the steps you take following the accident are crucial to maximizing your chances of receiving the compensation you need to cover your expenses and losses.
Seek medical attention — Receive medical care as soon as possible to assess your injuries and document them.
File an accident report — The next step is to report your accident to your supervisor or employer to strengthen your future compensation claim.
Gather documentation — Get a copy of the accident report, take pictures at the scene of the workplace accident, gather copies of your medical records, talk to witnesses, and collect other types of evidence and documentation.
Consult with an attorney — Finally, contact a skilled attorney to review your specific case and determine if you should file a workers’ compensation or third-party claim to recover damages. If your loved one died in a workplace accident, an attorney could help you understand your options for compensation, including filing a wrongful death lawsuit.
FILING A THIRD-PARTY CLAIM
Many injured workers do not realize that they have the option of filing a third-party claim following a workplace accident. Filing a third-party claim allows the injured worker to maximize their compensation.
1. WHO CAN YOU FILE A THIRD-PARTY CLAIM AGAINST?
If your work-related injury was the result of negligence on behalf of someone not directly associated with your employer, you can file a third-party claim to seek compensation for your losses and damages. Depending on the circumstances of the accident, any of the following third parties are held liable for your injuries:
The manufacturer of the defective machinery or equipment
The owner of the property with a hazardous condition
A third-party driver of a vehicle in work-related road accidents
Other third parties are held liable for workers’ injuries as long as the worker can prove negligence on the part of the third party.
2. PROVING NEGLIGENCE IN A THIRD-PARTY CLAIM
While injured workers do not need to prove fault when pursuing workers’ compensation benefits, third-party claims require workers to provide evidence of another party’s negligence to obtain compensation. Injured workers need to establish the following four elements to prove negligence in a third-party claim:
Breach of Duty
Subrogation is a legal term used to describe the process in which a workers’ compensation insurance company pays for an injured worker’s covered losses and then works to recoup its expenses from the insurance company that paid a third-party claim.
The insurance company has the right to recover the full amount of the claim paid to the injured worker.
GETTING THE EXPERIENCED GUIDANCE YOU NEED
As a workers’ compensation attorney with more than 30 years of experience, I represent injured workers throughout the Commonwealth of Massachusetts and can help you fight for the compensation to which you are entitled from every available source. I assist clients with filing workers’ comp and third-party claims to achieve maximum recovery. At the Law Office of James A. Maniatis, I serve clients in Shrewsbury, Massachusetts, Webster, Southborough, and the surrounding area of the Commonwealth.