What Is a Third-Party Lawsuit and Can You File One?
A third-party lawsuit is a claim against someone other than your employer whose negligence caused your workplace accident.
But if another person or contractor’s negligence caused the accident, you may also be entitled to additional compensation through a third-party claim.
Third-party claims can be filed against independent contractors, manufacturers of defective equipment, a negligent worker who doesn’t work for your company, or a driver who hit you while you were working.In these cases, you can recover money for lost wages, medical expenses, pain and suffering, future treatment, and other costs. This type of claim is separate from your workers’ compensation case.
Common Examples of Liable Third Parties
- Subcontractors on a construction site
- General contractors
- Building or property owners
- Delivery companies
Sometimes it is easy to see who is responsible. Other times, your lawyer will need to review the worksite, get expert opinions, and study medical records to find out who is at fault.
How Long Do You Have to File?
The time limit for filing a third-party negligence claim depends on whether you accepted workers’ compensation benefits through a settlement or Compensation Order. Both you and the workers’ comp insurance company may have rights against the subcontractor or person who caused the injury.
Many lawyers miss these deadlines or do not realize a third-party claim exists until it is too late.
This happens often with construction workers. These cases can overlap with workers’ comp claims, and to get the full amount you deserve, you need a lawyer experienced in both workers’ compensation and personal injury.Without the right attorney, you could make a mistake that hurts your case. For example, if you settle a third-party claim without approval from the workers’ comp insurance company, you could lose your benefits.
Contact the Best DC Work Injury Lawyer, Frank Kearney
Filing both a workers’ compensation and third-party claim can be complicated. With the right lawyer, you can avoid costly mistakes and protect your benefits.
Call 202-393-3320 for your free same-day consultation. You can also schedule on your own time by clicking here: Schedule Your Free Consultation.