What are Third-Party Claims?

Your workplace isn't just filled with coworkers and your company's employees. On any given day, customers, patients, guests, vendors, regulators from the industry you specialize in, and even delivery drivers can enter your environment unaware of potential hazards that could cause an accident resulting in injury to you. What happens when one of these entities is the cause of your injury while at work?

In this article, we'll look at third-party claims and what you can do if a situation like this happens to you.

What are third-party claims?

Third-party claims are a type of legal action that can be taken when an injury in the workplace has been caused by someone other than your employer. This could include customers, vendors, or third parties who may have created hazards on their own.

Your right to seek workers' compensation benefits from your employer is not negated by a third-party claim. In fact, the two can be pursued concurrently if it will prove beneficial in securing further recompense through that third party's insurance provider.

Likewise, filing for workers' compensation through your employer typically precludes you from suing them. However, if the accident was caused by an entity outside of your organization such as a customer or vendor, and not otherwise associated with it, there are no conflicts in legalities that should be explored.

Examples of third-party cases

Different types of accidents can have significant repercussions, including a possibility for third-party claims.

Examples of third-party claims include cases where a customer is injured due to hazardous equipment owned and maintained by a third-party vendor as well as cases involving faulty design or manufacture of products that cause injury. Injuries related to defective products or services provided by third parties may also be grounds for filing a third-party claim.

Another way is if an employee is out making deliveries in a company vehicle and is struck by another vehicle. In this situation, the third party would bear the majority of the blame and would be considered at fault. When this type of accident occurs, both employer and employee would receive some degree of compensation.

A third example of third-party action comes into play when a vendor serving the employer has an accident due to the employer’s negligence. If an employee is injured as a result, the employer is primarily at fault, as is the vendor. In this case, the employee would be able to keep the bulk of their settlement because the employer would have to partially pay for their injuries.

Steps you can take if you are injured by a third party while at work

If you are injured by a third party while at work, the first step is to report the injury to your employer. Be sure to document every detail of the incident and be specific about what happened, as this information may be used in any third-party claim that is filed. Once reported, you should seek medical attention for your injury and keep all of your records and bills from the hospital or doctor visits related to your injury.

You will then need to file a third-party claim with the third party's insurance provider. Make sure that you provide all of the documentation related to your injury and accident when filing this claim. You may also wish to hire an attorney who specializes in workers' compensation cases in order to give yourself better legal representation against outside parties if necessary.

Finally, it is important that you keep up with all deadlines associated with filing third-party claims. This is so they do not expire which could result in forfeiting certain benefits or legal recourse options available regarding recovery of damages or income due.

The process of filing a third-party claim

Injuries caused by third parties in the workplace can be difficult to navigate, and it is important to understand your rights if you are injured while at work. You may not know what steps to take or how to file a third-party claim, which can leave you feeling overwhelmed and confused. Without taking the right steps, you could miss out on receiving much-needed financial support for medical expenses and lost wages due to an injury caused by someone else.

If you have been injured in the workplace as a result of third-party negligence, there are certain steps that must be taken in order to file a third-party claim. It is important that you contact an attorney who specializes in workers' compensation law so they can provide guidance on the best course of action for filing a third-party claim and help ensure your rights are protected.

They will also be able to assist with collecting evidence of negligence on behalf of the third party responsible for your injury and help make sure that all necessary paperwork is filed correctly so that you receive full compensation for any damages incurred from your injury. With their expertise, they can help make sure that justice is served and that you get the financial support needed during this difficult time.

If you are injured while at work, it is important to understand third-party claims and how they relate to workers' comp. With the help of an experienced attorney, you can make sure that your rights are protected and that you receive the financial compensation necessary for medical expenses and lost wages due to third-party negligence. By taking these steps, you can be on track to get the support needed during this difficult time.

---

Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.