Filing a Third-Party Compensation Claim: What You Need to Know

Third-party claims for compensation means holding someone other than your employer responsible for your injuries. Such cases could include the manufacturer of dangerous or defective products, a violation of a federal or state statute and negligent use of a motor vehicle.

Every one of these examples helps you anticipate what to expect as they’re conditions which could possibly require the filing of a third-party claim in combination with a workers compensation case.

There are various other work-related circumstances that may warrant a third-party suit concerning personal injury compensation:

Slip and fall mishaps: The owner of the property may be deemed a negligent party if you’re injured during a slip and fall incident at work, subject to the situation.
Construction accidents: If you’re harmed at work on a construction site, there can be numerous third parties which may be held accountable, including property owners, contractors, defective equipment manufacturers, equipment operators, or subcontractors.
Car accidents: A third-party compensation claim may be a possibility if you were operating a vehicle for a work-related activity, or if you were wounded in a car accident (while at work) that was the cause of a driver who wasn’t a coworker.

Filing a Third-Party Compensation Claim
What is there to anticipate?: It’s plausible that you may be entitled to significant compensation from a third-party claim for reparations. These kinds of claims provide for monetary or physical losses that are significantly more compelling than the workers’ compensation that you’d be eligible to get for the corresponding injury.

It’s good to note that a third-party claim isn’t a component of any litigation concerning your workers’ compensation case. If there’s dual liability for such work injuries, a state’s workers rights will typically let individuals address these liabilities individually:

• Once, using a workers’ compensation claim that examines the employer’s responsibility.
• Similarly, using a third-party claim, which examines any liability or negligence on the roles of an entity separate from the employer.

To find out whether it’s feasible to arrange a third-party claim for compensation, prompt and thorough legal research is required. Even though both of the cases might be founded upon the same accident, the deadlines for filing a third-party suit may be shorter or longer than those concerning the workers’ compensation case.

This can also change depending on the nature of the lawsuit and the integrity of the people liable for the circumstances from which the third-party claim originates. If you have just endured a work injury, you’ll benefit from promptly employing the help of a workers’ compensation attorney, in case a third-party claim arises out of your workers’ compensation claim.

To make sure you win your case, you and your lawyer will have to exhibit that:

• The guilty party’s oversight caused your suffering or harm
• You experienced real and calculable damages deriving from the incident
• A legal burden of care was expected for you by the third-party
• The third-party neglected to provide that duty

Injured workers usually get overwhelmed by their medical situation and subsequent disappearance of employment and income. As a consequence, those who have encountered a painful injury at work are troubled with getting healthy and returning to work, instead of protecting their workers’ rights. Most aren’t even knowledgeable of the reality of a third-party suit.

If you become injured at work, it’s imperative for you to reach out to a legal professional. We will be able to take control of your third-party claim and workers’ compensation claim, making sure that you secure the maximum compensation available for your damages while having your main concern where it should be – on your healing.

A work injury attorney from us at Franks Gerkin McKenna is your best source for determining if there’s the possibility for a third-party compensation claim for your circumstance. Our attorneys can educate you as well for what you’ll foresee in regards to the process and compensation potentialities. On top of offering an understanding of Illinois workers rights, we’ll help injured workers learn particular elements of work injury law such as third-party claims.