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When is My Injury Case a Third-Party Claim?

Third-party injury claims apply mostly to workplace injuries and can be particularly helpful for construction workers injured on the jobsite. In some cases involving on-the-job injuries, workers’ compensation claims are the best route to take. In other situations, the reimbursement provided by these claims is not enough to meet the injured person’s continuing financial needs.

While injuries suffered on construction sites can be serious and potentially debilitating, temporary and permanent disability funds provided by workers’ compensation claims are typically low and do not take issues like pain and suffering into account. Depending on the circumstances of your injury, you may be eligible to file a “third-party” claim, in which a party other than your employer is liable and needs to offer additional compensation.

A third party might be liable for your injuries in many situations. For example:

  • If a defective product such as a machine or piece of equipment caused your injury, you may be able to sue the manufacturer.
  • If a toxic substance such as asbestos, benzene or radium caused your injury or illness, you may be able to file a “toxic tort” against the manufacturer.
  • If your employer’s negligent or reckless conduct caused your injury, you may be able to file a personal injury lawsuit.
  • If your employer does not carry workers’ compensation insurance, it may be grounds for suing your employer in civil court or collecting money from a state fund.
  • If another person caused your injury while you were performing job duties, you may be able to bring a personal injury lawsuit against that individual.

If you believe your workplace-related injury may qualify for a third-party claim, contact an experienced personal injury lawyer to review your case and discuss your legal options.