Law Suits Against Parties Other Than Your Employer – 3rd Party PI Cases
For many years, workers’ comp attorney Kenton Koszdin has devoted his legal practice to protecting the rights of injured workers and making sure they get the financial compensation they need to put their lives back together. If you have sustained a work injury and are in need of help, please call the Kenton Koszdin Law Office today at (800) 438-7734. We will give you a comprehensive rundown of your rights and legal options so you can have a firm grasp of where you stand.
What Is a Third Party Work Injury Lawsuit?
After being injured on the job, you have taken the proper steps to file a workers’ compensation claim against your employer’s insurance, and you’re expecting to receive coverage for your medical care. Are you aware that you may be entitled to more compensation outside of workers’ comp? Like many workers, you may not have known that you could file a third-party lawsuit if an outside party was at fault for your work injury. For example:
- If you were involved in an auto accident while on the job, you can file a lawsuit against the driver that hit you.
- Let’s say you’ve sustained injuries in a scaffolding accident while working construction. If the scaffolding was done by another company, perhaps a subcontractor, then you may be entitled to compensation from them.
- If a defective piece of equipment or other product contributed to your work injury, you may have a viable claim against the manufacturer of the involved product.
What Makes It Different from a Workers’ Comp Claim?
Workers’ compensation cases and third party liability cases are handled separately. Workers’ compensation cases are administered by the Workers’ Compensation Appeals Board, while third party liability cases are considered matters of the civil court, just like all other injury lawsuits. You may decide to have each case represented by two different attorneys, but that would call for more complicated logistics than need be.
If you want to simplify matters (and who wouldn’t want that), then you should consult with a single attorney who has had plenty of experience handling both types of claims – like Attorney Kenton Koszdin.
Is There Any Catch to Pursuing Both Claims?
If you pursue both a workers’ comp claim and a third party liability lawsuit, your employer can claim a lien on the recovery from the civil suit. In other words, your employer has the right to “dip” into your settlement or verdict from the third party suit to pay for any and all expenses associated with your workers’ comp benefits.
Let’s clarify this concept through an example. You’re a delivery driver who gets into a car crash caused by an outside party. Your workers’ compensation carrier covers your medical bills, mileage and other costs for a total of $3,000. At the conclusion of your third party lawsuit against the driver that hit you, you settle for $10,000. The workers’ compensation insurer claims a lien on your recovery and is reimbursed for the $3,000 they have already expended. That leaves you with $7,000 minus attorney fees.
For more information, you should discuss your employer’s insurance lien rights with a trusted and knowledgeable attorney.
Helping You Reach an Optimal Case Outcome
At the Kenton Koszdin Law Office, we never settle for less. Because we believe in our clients and are devoted to their cause, we fight aggressively to get them more than adequate compensation for their losses, whichever way their case may go. If you have any questions regarding your own work injury case, feel free to contact our office now.