What you should know about third-party claims
When you get hurt on the job, you should understand the legal options available to you. One such option is a third-party claim.
A third-party claim can provide a way to recover damages beyond what is available through workers’ compensation. However, navigating the world of third-party claims can be complex and overwhelming. It helps to understand how it works so you can make the right choices.
Understanding third-party claims
Third-party claims are a type of legal claim that you can bring against someone other than your employer. There are many different types of third-party claims that can arise from workplace injuries. For example, if you get hurt on someone else’s property while working, you may have a premises liability case on your hands. Another example is a negligent contractor’s claim, which is when a contractor or subcontractor is responsible for your work injury.
Filing a third-party claim
To get compensation, you or your workers’ compensation insurer must file a third-party petition. The board or court will give all parties a chance to speak before deciding on a settlement.
You must be able to prove that the third party was negligent or engaged in some other wrongful conduct that caused your injury. Eyewitnesses can provide critical information that may help establish fault. Also, physical evidence, such as photographs of the scene, can be valuable in supporting your claim.
When dealing with a third-party claim, you should remain focused on the goal of recovering damages for your injury. You also have to be realistic about the challenges that lie ahead. With the right amount of preparation and understanding, you can get through the hurdles and protect your rights.