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When a party other than a worker’s employer is responsible for an injury, workers' compensation claims can become more complex. A third party, in this case, may be a defective product or someone who is not a coworker. Though workers' compensation prohibits lawsuits against employers and coworkers, it does not limit claims against any third parties that are at least partially responsible for an injury. The Columbia injury attorneys at Proffitt & Cox, LLP known when and how to file third party claims effectively in workers' compensation cases.
Filing a Third Party Claims in Workers’ Compensation Cases
When any third party is responsible for an on-the-job injury, the employee may have the right to file a third party workers comp claim. Some examples of accidents caused by a third party include:
- A driver of a car employed by a different company who strikes and injures a worker
- The manufacturer of a defective product or machine that injures an employee
- A property owner not connected to the employer who does not maintain a safe workplace
Injuries sustained on the job caused by outside employees or products generally lead to third party claims. These types of claims often occur in construction accidents and other industries that frequently interact with outside parties.
...a third party suit may allow workers to gain more compensation than they would normally receive from conventional workers' compensation claims.
Third party claims can allow workers to receive compensation for their injuries from the negligent party, and do not restrict employees from also seeking workers' compensation from the employer. In some instances, the employer and the third party possess certain degrees of fault for an accident, which may entitle an employee to significant compensation from both parties. However, the employer could receive some of the amount recovered from a third party lawsuit as reimbursement for workers' compensation benefits.
Importantly, a third party suit may allow workers to gain more compensation than they would normally receive from conventional workers' compensation claims. Like a workers' comp claim, a third party lawsuit may grant a victim compensation for medical expenses and lost wages, but it can also provide additional payment for pain and suffering. In any situation involving workers' compensation, it is important to speak with our South Carolina injury attorneys to learn how much compensation you may be able to recover for an on-the-job injury.
Let Us Represent Your Workers’ Compensation Claim
Workers' compensation can often become complicated, and making any mistake in a claim can cause you to lose your benefits. Do not let this happen to you. Both David Proffitt and Ron Cox are knowledgeable attorneys with significant experience in workers compensation law. South Carolina residents can contact Proffitt & Cox, LLP locally by calling (803) 834-7097 to find out what our South Carolina injury lawyers can do for you. You can also contact us online by filling out and submitting the contact form on our site.