Third-Party Claims for a Work-Related Injury
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March 21, 2019
Employees injured at work may not be able to sue their employer since they are covered by workers’ compensation insurance. However, this does not prevent an employee from holding a third-party liable for causing him or her harm while on the job.
If another person other than your employer caused your work-related injury or illness, filing a third-party claim can help you recover damages not provided by workers’ compensation, allowing you to access the maximum compensation you deserve.
Below, our Phoenix workers’ compensation attorneys discuss what you need to know about third-party claims. If you need help, contact us today for a free, no obligation legal consultation.
Work Injury Cases Involving Third Parties
There are several situations in which you may be able to sue for damages caused by a third party. These include:
- Your injury was caused by a defective product, which may allow you to file a claim against the product’s manufacturer. Defective products may include faulty tools and equipment as well as unsecured items and merchandise.
- A toxic substance caused your injury, which may allow you to bring a claim against the substance’s manufacturer.
- Your work-related injury is due to an auto accident, which may allow you to pursue a claim against the at-fault driver and his or her insurance carrier.
- If your injuries were caused by a slip and fall accident, you may be able to file a claim against the facility manager or property owner.
- In construction site accidents, another company also working on the jobsite could be held liable depending on the circumstances of your injury.
Liability in a Third-Party Claim
Unlike workers’ compensation claims, negligence is a factor when it comes to third party claims. This means that in order for your claim to be successful, you must show that the third party acted or failed to act in a way that prevented you from suffering harm.
Your claim must prove:
- The third party owed you a duty of care. This is often implied, such as with a property owner allowing you onto his or her property, a vehicle driver on the road, or a manufacturer who offers a product.
- The third party breached the duty of care that was owed to you. Failing to keep a property safe, breaking traffic laws while driving, or manufacturing products that are inherently unsafe are examples of how duty of care may be breached.
- The third party’s breach of duty of care caused your injury. You would not have suffered the injury absent of the defendant’s actions.
- You suffered losses due to your injury. These may be medical expenses, lost wages, pain and suffering, and disability.
Filing a Third-Party Claim for a Workplace Injury
To file a third-party claim, you must do so within one year after the injury occurred. If you miss the one-year deadline, you lose the right to file a third-party claim, but the workers’ compensation insurance carrier may still do so.
By also filing a third-party claim, you must notify the workers’ compensation insurance carrier that you intend to do so. This includes keeping the insurance carrier informed of developments during your case. The insurance carrier is a party of interest in your claim and not giving notice of pleadings and rulings related to the case can affect the outcome of your claim.
Once you reach a settlement with the third party, the insurance carrier must provide written consent. If this is not done, you may lose benefits under your workers’ compensation claim. The insurer has a right of lien pertaining to certain elements of the settlement recovered from a third party.
The workers’ compensation insurer may issue a lien over benefits for:
- Compensation
- Surgical
- Hospital
- Medical
The insurer is not permitted to place a lien on funds related to independent medical examinations or administrative costs.
Contact an Experienced Attorney to Get Started
If you were injured on the job, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. Our experienced team of legal professionals at Phillips Law Group can review your case and guide you throughout the entire claims process to recover the benefits you need.
Request a free, no obligation consultation and learn what legal options are available. There are no upfront fees and payment is only due if we recover compensation for you.
Call 1-800-706-3000 or fill out ourfree online formnow.
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My Attorney Sean Davis and his paralegal Hannah Dustin worked on my case. They listened to the problems that I was having with my case and they both got right to work. First they found me a doctor that actually listened to my problems from my car accident and worked quickly to form a plan that was comfortable for me and the doctor. The doctor was the best and after a couple of procedures the pain in my neck was gone. Behind the scenes Sean and Hannah were working hard to get my case settled with the insurance company. They kept in contact with me on all aspects of my case. They settled my case much faster than I expected and for more than I was expecting. If you want two real professional legal people to work on your case, I would highly recommend Sean and Hannah to you. I cannot say enough nice things about these two. Thank you so much, Rickey Hart .
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Two family members were in a bad wreck a couple of years ago, and as a result called Phillips Law to represent them. Montana Thompson was the attorney assigned to the case with the help of Nemo Farr as legal assistant. Mr. Thompson litigated a very generous settlement for both my stepdaughter and her son. Because my grandson is a minor, I decided to act as conservator for him to ensure the settlement was safe and secure. Montana helped with that process, but it was Nemo who went way above and beyond the call in finding a financial institution to use for the restricted account. There were some glitches in that process but Nemo helped navigate them with a calm expertise which belies his age. I would consider them both great representatives of the level of commitment to their clients and assets to their firm.
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I tried a few previous law firms and none would take my car accident case with confidence they could get my anything. Phillips law group took my case and although it took around 4 years to get this case settled as I was in treatment, they never let up with insurance adjusters and they got me as much money as possible. They worked hard for me and advocated for me. Shoutout to key individuals who worked my case nonstop of the years, Robert Ross & Jasmine, you are AMAZING!
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I’ve been working at Phillips Law Group for nearly four years and I can confidently say this is the best personal injury firm in Arizona to work for. The firm is the best for numerous reasons but to start, Phillips Law Group gives employees opportunities for promotions and growth. I started working within the settlement department, moved to a paralegal assistant and grew to be a pre-litigation paralegal with my own case load. Each attorney I have worked for is extremely knowledgeable, friendly, and easy to talk to. Secondly, I love how Phillips Law shows appreciation for employees. They host Friday Zoom Huddles giving out PTO, goodie bags, special shout outs, bonuses and gift cards. They also host extravagant holiday parties and fun contests during the Holidays! Lastly, the firm cares about giving back to the community, which is a trait I value as well. It’s rewarding to see a fast paced firm taking time out of their busy day to pay it forward. I would highly recommend working at Phillips Law Group!
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