What To Know About Third-Party Claims In Workers’ Compensation Cases

Last updated on: September 30, 2022

There are many ways you can be hurt while on a job. For instance, a drunk driver may hit your vehicle while you are working within the scope of your employment. After being injured by a third party, you may be asking who is responsible for your various injuries, or whether workers’ compensation applies to your case.

Have you been injured while working and believe a third party is responsible? If so, you may be able to bring a claim against that third party for your damages. 

To begin the legal process, call Zinda Law Group at (800) 863 5312 for your 100 percent free consultation. You will not pay us anything unless we are successful in winning your case.

What Is Third-Party Liability?

If you’re ever injured as a worker on a construction site and your employer carries workers’ compensation insurance, your next inquiry should be whether a third party is to blame for your injury. If a third party is to blame, you could have a claim against them, and they would not necessarily have a workers’ compensation bar under your employer’s policy.

Zinda Law Group can help you thoroughly investigate the facts surrounding any incident to see if you can pursue a third-party claim for a negligent act of another entity that was on the construction or workplace site.

What Liability Does A Third-Party Have In Workers’ Comp Cases?

In most cases, your workers’ compensation case will not be impacted by filing a third-party claim. Instead, third-party claims are generally aimed at the manufacturer, distributor, or designer of the malfunctioned product, device, or vehicle that caused the accident. Furthermore, filing a third-party claim may also be necessary to receive compensation in cases that workers’ compensation insurance does not cover.

Contact Zinda Law Group today if you have any other questions regarding the liability of a third party in workers’ compensation cases.

The Most Common Third-Party Claims Workers Can File

Although there are many different types of claims that workers may file against a third party, below are some of the most common:

Automobile Accidents

Motor vehicle crashes while working are not uncommon. For instance, in 2019, approximately 1,270 individuals on a public road died in a work-related crash. If a worker was injured in an automobile accident while acting in the scope of his or her employment, there may be a potential third-party claim.

Defective Equipment

Defective equipment may also cause work-related accidents. For example, if you have been injured from faulty power tools, you may be able to bring a suit against the manufacturer of the tools. In addition to manufacturing flaws, you may also be able to bring a suit for unsafe designs or lack of adequate warnings.

Premise Liability

With premise liability, a property owner could be held liable for your injuries if he or she failed to warn you about hazardous conditions that could be present on the property. For example, if you were working in a home and subsequently fell on the stairs due to improperly installed handrails, you may be able to bring a third-party claim against the property owner.

Contact Zinda Law Group today if you have been involved in an accident and believe a third party is at fault.

What To Do When Your Work Injury Is Caused By A Third Party

After being injured on the job, you may be left feeling confused and unsure of what to do next. The following steps will help you to stay safe and aid you in your future legal claim.

File A Workers’ Compensation Claim

Even if you believe your injuries were caused by a third party, you should still preserve your workers’ compensation rights, as you still may be able to receive additional compensation from your employer. It is important to note that to be successful in a workers’ compensation claim, you must report your injuries and file your claim on time. For example, in Colorado, you must report your injury to your employer within four days of your injury.

Seek Medical Attention

You should also seek immediate medical attention for your injuries. A medical professional will be able to properly diagnose all your injuries and prescribe treatment and recovery plans for your specific injuries. Additionally, always tell your doctor when your injuries have occurred at a workplace or while working.

Preserve Evidence

After being injured, you may be asked to prove that the accident actually occurred. For this reason, you should document the scene of the accident and preserve any evidence in your possession. For instance, you should take pictures of your injuries and the scene of the accident with your phone. This evidence will be vital in determining liability in your future legal claim.  

Consult A Personal Injury Attorney

It is also important to consult a personal injury attorney with experience in handling workers’ compensation and third-party legal claims. The right attorney can help establish who was at fault for your injuries and help you pursue the maximum amount of compensation available in your specific case.

Following these steps may not always be easy as insurance companies will try their best to pay the least amount possible. For this reason, our knowledgeable attorneys are here to help. Contact Zinda Law Group today to get started on your third-party injury claim.

Need Help? Contact Zinda Law Group Today

If you have been injured while working and believe a third-party is responsible, you may be able to receive compensation from that individual or entity. To do so, however, you must be able to show certain factors, including proving who you believe is liable for your various injuries.

Proving liability can be extremely difficult. Thus, it is important to contact a Zinda Law Group personal injury attorney today at (800) 863 5312 to set up your free initial consultation. 

You do not have to worry about paying us anything unless we are able to win you compensation in your case. That is our “No Win, No Fee Guarantee.”

Meetings with attorneys are available by appointment only.