Your work injury may be worth more than you think
Posted on Saturday, February 25th, 2017 at 4:46 pm
In the first two parts of our blog series on worker’s compensation we introduced the concept and answered questions we often receive when an individual is injured on the job, and also discussed why you would need a lawyer for a personal injury claim. In this final section we are going to talk about when you need an attorney for a third party injury claim.
What is the difference between a first party claim and a third party claim?
A first party claim is contractual. You as a policy holder have a contract with your employee insurance policy. Making a first party claim that is accepted will pay for your medical expenses and lost wages due to the accident. However, these payments are often low and will not cover the expenses of pain and suffering. A third party claim is filed against the insurance policy covering the person at fault, and will entitle you to compensation for pain and suffering, disability, loss of earnings, current medical expenses, and future medical expenses. Your claim should be reviewed by an attorney to determine if you have a third party claim.
What are some examples of accidents often involving third party claims?
- If you were injured on a construction site and suspect negligence of the contractor or someone else on the site caused the accident. If you were driving a work vehicle and where in an accident due to the fault of another person or a faulty product.
- If you were driving your car on work related business and were injured in an accident.
- If you suffered a work injury as a result of a faulty product.
- If you slip and fall at work where the facility is owned by someone other than your employer.
How do I file a third party lawsuit?
If you believe that negligence caused your workplace injury, and are considering whether or not to file a third party claim you should speak with a personal injury attorney as soon as possible. There are laws limiting the time in which you have to make a claim. Further, it is important to secure evidence to support your case which is often destroyed after an accident occurs. Witnesses to your injury can often forget key facts, and need to be interviewed when the event is fresh in their heads. The accident scene needs to be photographed and secured.
What kind of lawyer do I need to file a third party lawsuit?
A personal injury lawyer can help you file and win your third party lawsuit. The attorneys at Jonathan R. Brockman P.C. have 25 years of experience successfully trying injury cases and are prepared to take on your third party lawsuit. Please contact our Cumming, Alpharetta, or Atlanta offices if you would like us to evaluate your case at no cost to you.