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What Is a Third-Party Personal Injury Accident Claim?

March 1, 2024
Third-Party Accident Claim

People who’ve suffered a physical injury usually ask, “Who’s responsible for my accident, and how do I claim damages?” Often, you’ll seek compensation for your medical treatment, property damage, pain and suffering and other eligible expenses through what’s known as a third-party personal injury accident claim.

After car accidents, a third-party claim is one you bring against the at-fault driver or their insurance company, rather than your own insurer. In the context of workplace accidents, a third-party accident claim means you take action against someone who isn’t your employer. 

Third-Party Claims in the Workplace

Third-party personal injury accident claims often arise after injuries that happen on construction sites, in oil fields, and in other workplace settings where several companies work together. Let’s say a worker who’s an employee of company A suffers an injury at work. This worker’s accident happened because of some action for which company B is responsible. 

After a workplace injury, you would normally act through the workers’ compensation system and file a claim against your employer’s insurer. You usually couldn’t file a personal injury lawsuit against your employer, due to workers’ compensation laws. However, if someone else contributed to the accident, you could file a personal injury claim against them as well as your workers’ compensation claim. 

Who May Be a Third Party in Workplace Accidents? 

Different people or companies may be a “third party” in the context of workplace injury claims. Examples include:

  • Employees of other companies working on the same site
  • Contractors and vendors
  • Facility owners and managers responsible for the safety of the premises
  • Companies who manufacture, maintain, or rent equipment Equipment

Sometimes, it’s unclear who’s responsible for an accident and whether you have grounds for a third-party claim, a workers’ compensation claim, or both. Consulting a competent personal injury lawyer will improve your chances of winning benefits through all available legal venues. 

Does Fault Matter in Third-Party Claims?

In motor vehicle collisions, third-party claims are the standard whenever you suffer an accident that wasn’t your fault. However, third-party personal injury claims are more rare in workplace accidents. 

A standard workers’ compensation claim is no-fault and doesn’t require proving negligence. In contrast, if you’re filing a third-party personal injury accident claim, you must show that the allegedly at-fault party’s actions caused or directly contributed to your accident.

A third-party claim can involve a longer and more complex process since there’s a higher chance the potentially liable person or company may challenge your claim and deny responsibility. That’s why working alongside a skilled lawyer with a proven track record of successfully resolving similar cases is crucial. 

Available Damages in Third-Party Claims

Standard workers’ compensation covers medical costs, temporary or permanent disability benefits (depending on the severity of the injury), and death benefits for eligible family members. The main limitation of the workers’ compensation system is the lack of coverage for non-economic damages.

In contrast, if you have grounds for a third-party claim, you may also be able to collect compensation for your non-economic losses, like physical pain, mental anguish, reduced quality of life, and loss of consortium or companionship.

Contact Fadduol, Cluff, Hardy & Conaway, P.C. to Discuss Your Legal Options

Seeking compensation after an injury can be a long and complex process. It’s not always clear who’s responsible for covering your medical costs, lost wages, and other damages. 

If you were injured in a third-party accident, let our attorneys at Fadduol, Cluff, Hardy & Conaway, P.C. help you seek compensation and begin moving forward from this devastating event. We’ll calculate your medical bills and other damages from the accident scene, and seek adequate compensation to cover expenses and hardships from the accident in full. 

We have extensive experience helping victims secure compensation. Contact Fadduol, Cluff, Hardy & Conaway, P.C. online today to schedule your consultation or give us a call at (800) 433-2408.