If someone other than your employer or a coworker is responsible for your work-related injury, you may be able to seek compensation through a third-party claim in addition to or instead of a workers’ compensation claim. The compensation you could recover through one of these claims can cover your medical expenses, lost wages, and even the pain and suffering you experience.
Contact the law firm of Ross, Midian & Breitmayer, LLC, for a free consultation with an experienced third-party claims lawyer in Ohio. During your initial consultation, we’ll walk you through the process of seeking compensation via a third-party claim and explain what your case could be worth.
A third-party workplace injury claim is a lawsuit that arises from a harmful incident that isn’t caused by your employer or one of their other employees. If a third party causes your injuries in some way, you can seek compensation from them by filing a third-party injury lawsuit. Potentially liable parties could include manufacturers of faulty equipment or a property owner if you’re doing your job on someone else’s worksite.
In some cases, you can file a third-party claim alongside a workers’ compensation claim. However, if you do so, you may have to reimburse the workers’ comp insurer once you receive the money from your third-party claim.
An experienced work injury attorney in Columbus can help you explore your options to determine what path forward is right for you.
You could be exposed to various types of third-party hazards in the workplace. Depending on what these hazards are and how you sustained your injuries, different parties may be liable for your injuries and could be held financially responsible.
If you drive for work, such as if you are a delivery driver or part of your job involves traveling to different job sites, you can file a third-party claim against another driver who causes an accident. It can sometimes be challenging for individuals who drive for work to receive workers’ compensation benefits, even if they are employees. However, you can always file a third-party claim when another driver causes you injury.
Machinery, safety equipment, and power tools are all examples of equipment that can cause significant injury to workers who use them when a defect is present. If a defective product caused your work injury, you can typically hold the manufacturer liable through a third-party claim.
Worksites where defective equipment injuries are most common include:
Construction sites often have various contractors and subcontractors working alongside each other on different parts of the project. If one of these contractors or subcontractors caused your injuries, you can file a third-party lawsuit against them.
Examples of these types of incidents include:
When your job requires you to work on someone else’s property, you may sustain injuries due to a hazardous condition of that property. When this happens, you can file a third-party claim against the property owner or manager, including businesses and private homeowners.
Slip and fall accidents are among the leading causes of injuries that fall under premises liability laws.
Sometimes, Ohio workers are the victims of violent acts committed by customers or unrelated parties. In addition to your assailant potentially facing criminal charges for harming you, they can also be held liable for your injuries in civil court through a third-party claim.
The compensation available through a third-party claim falls into several categories.
Economic damages are compensation sought for the losses (negative side effects of your work injury) that have tangible value. Examples of these losses include:
Even when you can recover compensation for the same losses through a workers’ compensation claim, you may be able to recover more from a third-party claim. This is because third-party claims do not have the same limitations on the amount of compensation you can receive for lost wages that workers’ comp claims do.
Non-economic damages are compensation sought for your personal, intangible losses. Compensation for these losses is not available through a workers’ compensation claim, so it can be beneficial to file a third-party injury claim alongside your workers’ comp claim to maximize your compensation.
Examples of losses for which you can seek this compensation include:
If your loved one’s death resulted from a work injury caused by a third party, you may be eligible to seek compensation through a wrongful death lawsuit. This compensation may cover the following:
Ohio’s statute of limitations for personal injury cases gives injured workers two years to file lawsuits against the third parties that caused their workplace injuries. This is more time than you have to file a workers’ compensation claim. However, it’s essential to act quickly to protect your rights and to maximize your compensation.
Unlike in workers’ comp claims, you must show that the at-fault party caused your injury. In many types of cases, that means showing that the at-fault party was negligent: they acted in a manner that a reasonable person would not, and you were injured as a result. To do this, your lawyer must gather various types of evidence, and this evidence may not be available forever. This is why you must speak with an Ohio personal injury lawyer as soon as possible, despite the two-year filing deadline.
Our Ohio work injury lawyers can help to maximize your compensation by exploring all options for recovering the money you need after an injury caused by a third party. This includes determining whether you’re eligible to file a third-party injury claim alongside your workers’ comp claim.
We’ll also handle dealing with the at-fault party’s insurance company, so you can focus on recovering from your injuries. We’ll manage all correspondence with the insurer and negotiate with them for a fair settlement that covers all of your losses. And if the insurer refuses to settle for a fair amount, we’ll be prepared to take your case to trial.
Other ways our legal team can assist you include:
At Ross, Midian & Breitmayer, LLC, our team is rooted in Ohio values. We’re straightforward, approachable, and deeply committed to our clients, and we’re proud to serve Ohioans in Franklin County and throughout the state. We know that no two cases are alike and will always treat our clients and their situations with the respect they deserve. This is also why we handle accidents that many other law firms overlook, including those occurring in unique workplace settings.
If you were injured by a third party while you were on the job, contact our law firm today for a free consultation with one of our experienced work injury attorneys. We’ll review the details of your case and help you understand whether you can seek financial recovery through a workers’ compensation claim, a third-party claim, or both.
