Third-Party Liability
As its name suggests, third-party liability requires that someone other than your employer or a co-worker — a third party — is liable in some way for the accident that caused your injuries. Common scenarios for third-party liability claims include:
- Faulty and dangerous machinery design or manufacture
- Faulty ladders and scaffolds
- Negligent upkeep and repair of machinery by a third-party vendor
- Injuries while working on property belonging to a third party
- Accidents caused by multiple companies working on the same job
- Motor vehicle accident while driving for work
Because of workers’ compensation, injured workers generally do not have the option of suing their employers. If someone else was in part responsible for the accident, however, a third-party liability lawsuit is a way for an injured worker to obtain full and adequate compensation.
Experienced Third-Party Liability Lawyers
It is essential to work with an experienced legal team when bringing a third-party liability claim. Many issues arise when coordinating the third-party liability claim along with a workers’ compensation claim. One of the most important issues that arise in these cases involves insurance company reimbursement. If an injured worker obtains workers’ compensation benefits and then obtains more in a third-party liability lawsuit, the workers’ compensation insurer will claim a right to be reimbursed out of any recovery from the liable third-party.
While there are ways to minimize or eliminate this obligation to reimburse the workers’ compensation insurer — thereby maximizing the recovery of the injured worker — it is a complicated process that requires careful, unified coordination between the two processes. That is why, at Brown Moore & Associates, PLLC, we prefer to handle both the workers’ compensation and the third-party liability claims for our clients. We have many years of experience with these matters, and attorney Jon R. Moore has taught a number of Continuing Legal Education (CLE) courses to other attorneys on this very topic.
You can talk with one of our attorneys, free of charge, about the possibility of increasing your compensation through a third-party liability claim. Call 704-335-1500 or 800-948-0577 toll-free, or contact us online for a free initial consultation.