In some legal proceedings, the incident in question may involve a party other than the initial plaintiff and defendant. Third party claims can arise from several scenarios. A defendant may draw a third party into legal proceedings if they feel as though the third party shares some responsibility for the charges brought against the defendant. Primarily, the term “third party claim” refers to legal action taken against a party other than an employer due to a work-related injury.
WHAT IS A THIRD PARTY CLAIM?
If you have been injured on the job, it may be worth carefully reevaluating the circumstances of your incident. Your employer or the primary defendant in your case may not be the sole source of the injury. Your attorney should be able to review the elements and evidence of your case and be able to determine if a third party claim is necessary.
A plaintiff may discover that a work-related injury was the fault of his or her employer’s failure to address a safety hazard but that hazard was due to a defective piece of equipment. A third party claim may be filed against the manufacturer in addition to the initial legal action against the employer. If you were injured in an automobile accident while performing job-related duties, such as a delivery, and another motorist hits your vehicle, you may pursue a worker’s compensation claim through your employer for your injuries and immediate financial burden—but you may also file a civil suit against the other driver. That would also be a third party claim.
Contractors are often called into private businesses and residences for work. If the owner of the property did not properly maintain their facilities and grounds, they may create a hazardous environment and could be held accountable if a contractor is injured. The injured individual would pursue a worker’s compensation claim since he or she was hurt on the job.
Unfortunately, worker’s compensation benefits do not cover much beyond initial medical expenses and lost wages, so it is very unlikely that worker’s compensation benefits will pay for the total costs of a serious injury, including missed wages from time spent out of work, ongoing medical care, and any permanent disabilities that result from the injury. A third party claim against the property owner would help cover the difference.
INITIATE A THIRD PARTY CLAIM
The first step you take toward a successful third party claim is to contact a reliable attorney with the experience to navigate all the details of your case. At Nielsen Law Firm, we believe in aggressively pursuing justice on behalf of our clients. We will try to get you the best settlement possible outside of court, but if that is not possible, we will not shy away from any litigation, no matter how intense it may be.
Your attorney should be able to point you in the right direction and help you make the next steps for your case. You are going to need all of the documentation from the Department of Motor Vehicles about your accident as well as your medical report from your doctor that describes the full extent of your injuries. Depending on the situation, your attorney may have to engage the third party’s insurance company or file a claim against a defective product manufacturer.
Third party claims can be complex matters, but it is vital to know your rights and ensure that all of the parties responsible for your injuries are held accountable. If you think your injury claim is more involved that you originally thought, contact The Nielsen Law Firm. We have over 30 years of experience helping clients in Houston, TX with all manner of legal issues. Reach out to us for a free case evaluation, and we will guarantee all of the details of your incident are properly and thoroughly addressed.