Injured at Work by Someone Other Than Your Employer?
Our Work Injury Lawyers Can Assist in the Third Party Work Injury Claims Process
There are times in which an accident at work is not due to the negligence of your employer. Usually, when you are hurt on the job, you are entitled to compensation and protection from your employer. However, this process can be complicated when the accident is caused by a third party. In most cases, you can still claim workers’ comp benefits. In addition, you may be able to file a third party claim against the other person or entity as well. This allows you to maximize the compensation you can claim. Still, it can be difficult to win such a claim, especially if your injury happened on a busy jobsite. Having a qualified team of work injury lawyers on your side can remove the confusion of filing third party work injury claims and can help ensure you recover full and fair compensation.
The legal team at Cramer & Martinez, LLP has over 50 years of experience representing injured workers. We know that understanding the workers’ compensation and third party claims process can often feel overwhelming, confusing and emotionally challenging. Our work injury lawyers diligently defend our clients and fight for their rights. Our Gilroy law firm prides itself on providing outstanding personal support throughout the duration of your case. We want to ensure that you are protected and represented in the best way possible.
How Common Are Third Party Claims for Work Injuries?
Third party liability comes up reasonably often in work injury situations. In many circumstances, a third party such as a sub-contractor is completely responsible for the injuries. For example, many workers are injured on the job due to vehicle accidents—especially in the construction industry. In this case, the worker may proceed against the other driver just as you would any other innocent driver. The same reasoning applies for workers injured due to the acts of customers, contractors, or other associates.
In other cases, a construction site where contractors and subcontractors are negligently operating equipment could cause injury to a worker. This would call for a third party work injury claim. Third party work injury claims in construction accidents are very common due to the multiple variable companies and independent workers on a construction site.
As one might expect, many cases involve injured workers due to a combined negligence of both the employer and a third party. For example, a worker injured due to defective and poorly maintained equipment. Combined liability also occurs when the employer is aware of a third party’s negligence creating dangerous conditions that cause an injury.
There are various ways that a third party work injury may happen at your workplace. In any situation, it is extremely important to identify if there is third party liability. Identifying all possible liable parties is often the difference between a full recovery for a worker’s damages and financial ruin. Therefore, it is important to contact a work injury lawyer as soon as possible.
What Are the Differences Between Third Party Claims and Workers’ Compensation Claims?
Although workers’ compensation and third party work injury claims may seem like a similar process, they have very different results and processes. If a third party work injury claim is successful, then the injured worker may be required to repay their employer for some of the workers’ compensation benefits that they received. However, often times the compensation obtained through a successful third party claims process is considerably more than what workers’ compensation would have provided.
Workers’ compensation benefits are limited by law to a percentage of the injured worker’s salary or may be predetermined payments for specific injuries. These benefits also have compensation caps and time limitations. Workers’ compensation does not take into consideration the pain and suffering of the victim and does not provide any compensation for emotional distress. There are no such limits to the results of pursuing justice from the third party. Compensation awarded by a court or a negotiated settlement could cover all of your lost income and even your medical costs, no matter how much money you made.
Proceeds from a third party work injury claim can also provide compensation to family members for loss of companionship and for the long-term financial support lost due to injury or wrongful death of a worker. Finally, in some cases, punitive damages may be awarded in third party work injury claims if extreme intentional behavior by the defendant contributed to the worker’s injury. Workers’ compensation cases do not assess blame or award punitive damages.
Call Us for Help with Third Party Work Injury Claims in San Martin, Morgan Hill, Hollister, Gilroy and the Surrounding Cities
The attorneys at Cramer & Martinez, LLP advocate for injured employees in third party work injury claims. We work to gather detailed evidence and witness testimonies to ensure the best possible claim. Additionally, we may retain medical experts and ask you to submit to an independent medical review to help identify the extent of damages. If you have been involved in an accident at work and you believe that a third party could be responsible, then it is critical to take timely and proper action.
Our experienced legal team will evaluate your claim and develop a comprehensive and compelling legal strategy. We welcome Spanish speakers and wish to assist as many people as possible. Call (408) 848-1113 to schedule a free initial consultation or contact us online.