When an employee is injured on the job, they may be entitled to receive workers’ compensation benefits to cover their medical expenses, lost wages, and other related expenses. However, in some cases, the injury may have been caused by the negligence of a third party, such as a contractor, equipment manufacturer, or property owner. In these cases, injured workers may be able to file a third-party liability claim to seek additional compensation for their damages. Visit this page to learn more about third-party liability claims and how they can help you receive the compensation you deserve.
To maximize compensation for their injuries, injured workers need to understand their legal rights and the steps involved in pursuing a third-party liability claim. Here are some key considerations:
Determine the cause of the injury
In order to file a third-party liability claim, the injured worker needs to identify the party or parties whose negligence caused or contributed to the injury. This may require an investigation by the injured worker’s legal team, as well as an examination of the accident report, witness statements, and other relevant evidence.
Consult with an experienced attorney
Pursuing a third-party liability claim can be a complex and challenging process. Injured workers should consider consulting with an attorney who has experience handling workplace injury cases and can help them navigate the legal system.
Gather and preserve evidence
To support their third-party liability claim, the injured worker will need to gather and preserve evidence that demonstrates the third party’s negligence. This may include photographs, video footage, witness statements, and other documentation.
Calculate damages
In addition to workers’ compensation benefits, injured workers may be able to recover damages for pain and suffering, loss of enjoyment of life, and other non-economic losses. An experienced attorney can help the injured worker calculate the full extent of their damages and ensure that they receive fair compensation.
Negotiate a settlement
In some cases, the injured worker’s legal team may be able to negotiate a settlement with the third party’s insurance company or legal representatives. This can help the injured worker avoid a lengthy court battle and receive compensation more quickly.
Litigate if necessary
If a settlement cannot be reached, the injured worker may need to file a lawsuit to pursue their third-party liability claim. An experienced attorney can help them navigate the litigation process and advocate for their rights in court.
In summary, injured workers can maximize their compensation by identifying the cause of their injury, consulting with an experienced attorney, gathering and preserving evidence, calculating damages, negotiating a settlement, and litigating if necessary Read more