After sustaining injuries in a workplace accident, you may not be able to return to work for a while, depending on the seriousness of your injuries. Because of this, you want to know what your options are.
Sometimes, a workplace accident that resulted in injuries may be caused by a third party. When this occurs, you may be eligible for workers’ compensation. Also, you may want to file a third-party claim against a third party to get compensation for the pain and inconvenience you experience because of the injury. Filing this claim is quite different from filing a workers’ comp claim. This is another case when an Injured Workers Law Firm can help you pursue the compensation you need. Read on to know some important information about third-party claims:
What’s a Third Party?
This party can be anyone aside from you and the company you are working for. Depending on the case of the injury, a third party could be different individuals or businesses. They can be a company that manufactured the machine that caused your injury, a property owner if your injury happened off-site, another driver if your injury resulted from a car accident, or a vendor and contractor who did not maintain work equipment properly. Also, a co-worker can be a third party if they are the direct cause of your injury such as when they assaulted you.
Is It Possible to Take Legal Action Against a Third Party?
If you sustained a workplace injury, you often cannot sue your employer. What you can do is collect workers’ compensation to balance out your pain and suffering. However, the case may be different if you were assaulted by your boss or if the case involves gross negligence.
However, if your injury was caused by a third party, you can sue them to get the compensation you deserve. Suing the third party increases the amount of compensation you may be able to get for your injury.
Workers’ comp is capped according to the amount of money you make and Virginia’s current rates. As your income level drops after an injury, you may have difficulty paying your bills, although workers’ comp may pay for your bills.
Filing a lawsuit against a third party could bring the necessary money to cover your expenses. But you must prove fault in your claim. An experienced attorney can help you understand the steps you must take to build a third-party claim. Also, they can advise on the evidence to collect and the amount of money you can demand in your claim.
