If you
are injured on the job as a result of the acts of a person who is
not your employer or co-employee, you may make claims against both
workers' compensation and that third party. These third party claims
frequently involve auto accidents, slip and falls, and defective
products. The employer or workers' compensation carrier has the
right to recover their payments to the extent a third party is
responsible for the loss. However, the amount that the Comp carrier
can recovery is negotiable and can be minimized by an experience
attorney.
Other third party claims arise as negligence claims against a
landowner who provided an unsafe work environment for contractors.
Often, the Occupational Safety & Health Administration
will investigate industrial accidents. Their investigation can be
very helpful in uncovering any third party claims. It however does
not replace an investigation done on your behalf and carried out in
a timely manner. You need to be aware that in product liability
claims, the product in question is often modified or destroyed soon
after the accident. If this happens before an inspection is done on
your behalf, the most crucial piece of evidence will be gone and so
might be your third party claim. If you have been injured on the
job, you should speak with an attorney to find out about your rights
under workers' compensation law. A knowledgeable attorney can also
advise you in regards to any third-party claim you may be able to
bring.
The interplay between workers' compensation and third party
claims is complex and requires an experienced attorney to help you
maximize both claims. Ms. Jenkins has handled many cases that
involving a workers compensation and a third party claim component. |