Workers' Compensation Third Party Claim | Work Injury Claims

Workers’ Compensation Third Party Claims

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Workers’ Compensation Third Party Claims

Workers Compensation Third Party Claim

Workplace accidents and personal injury can happen to anyone, anywhere, and anytime, regardless of their profession. Employees are vulnerable to accidents while performing their work duties, which can lead to injuries, the need for medical treatment, and even death. In such instances, workers’ compensation insurance can provide financial and medical support to the injured employee. However, there are certain circumstances where a third party may be at fault in the accident, leading to additional legal complexities.

Understanding Workers’ Compensation

Workers’ compensation insurance provides financial benefits to employees who have been injured at work while performing their job. The insurance covers a range of work-related injuries, including illnesses, disabilities, and fatalities. The employee may receive benefits for medical expenses, disability payments, and rehabilitation costs. Furthermore, Ohio employers are required to provide workers’ compensation benefits to their employees by law.

Third-Party Injury Claims

A third-party injury claim arises when someone other than the employer or employee is responsible for the workplace accident. This may include a contractor, supplier, or a negligent driver. In such cases, the employee may file a product liability claim or seek punitive damages in a lawsuit, in addition to receiving workers’ compensation benefits. Third-party lawsuits can be complex, and with over 40 years helping clients with their work injury claims, I know the system. I am the workers’ comp attorney who understands your pain and suffering and who you can trust to help you obtain maximum compensation.

Third-Parties That May Be At Fault in a Claim:

Manufacturers-

Manufacturers of equipment can be at fault in third party workers compensation claims if the equipment is found to be defective or malfunctioned and caused the work-related accident. In such situations, the injured worker may have a claim against the manufacturer for producing and distributing a faulty product. For example, if a worker sustains an electric shock from a defective tool, or if the brakes of a company vehicle malfunction and cause an accident, the injured worker may be able to seek compensation from the manufacturer of the tool or vehicle.

Contractors or Subcontractors-

Contractors and subcontractors could be at fault in a third party workers compensation claim if their negligent actions or omissions caused a workplace accident. In the construction industry, subcontractors may be held liable for third party workers compensation claims, especially if they were involved in performing dangerous work that led to an injury or death of a worker. General contractors also have a duty to exercise reasonable care when they exercise control over a subcontractor. A third party in a construction site can be anyone who is not the employer of the injured worker, such as the project owner or the manufacturer of defective equipment. Finally, it is important to note that all companies owe third parties a duty of reasonable care, and this duty can be triggered when a general contractor orders a subcontractor to perform work that is dangerous.

Property owners-

Property owners could be at fault in a third party workers compensation benefits claim in Ohio if an employee is injured while working on a property not owned by the employer. In this case, the injured employee can file a claim against the property owner. Additionally, property owners owe a duty of care to those who enter their property, and if this duty of care is breached, and it causes injury to an employee, the property owner may be held liable in third-party claims. It is important to note that property owners are just one example of a possible third party responsible for a workplace injury.

Drivers-

Drivers can be at fault in a third-party workers compensation claim in Ohio if they cause a car accident that injures an employee while they were performing their job duties. In such a case, the injured employee may have the right to bring a personal injury claim against the at-fault driver and seek compensation for medical bills and other losses resulting from the car accident injuries. The driver may also be held responsible in third-party claims if their negligence or recklessness causes bodily injury to a worker, such as in a car accident, which is separate from the employer.

Suppliers-

Suppliers of equipment can be at fault in a third party workers compensation claim in Ohio if an employee is injured due to defective or faulty equipment supplied by the supplier. In such cases, the injured worker may be able to bring a third-party claim against the supplier, seeking compensation for their injuries. Additionally, if the supplier’s negligence in supplying the equipment caused the worker’s injuries, the supplier may be held liable for the worker’s medical bills, lost wages, and other damages. In Ohio, injured workers can file a third-party liability claim against suppliers of defective equipment, seeking compensation for their injuries and losses.

Companies that service equipment-

Companies that service equipment can be held liable in third-party workers comp benefits claims in Ohio if they fail to properly maintain the equipment or remove it from service when necessary. If an employee is injured as a result of the failure to maintain the equipment, they may be able to file a claim against the company that serviced the equipment as a third party. It is important to note that third-party liability refers to bodily injury caused by the actions or omissions of an individual or entity that is separate from the employer.

Snow clean up crews-

According to the Occupiers Liability Act, snow removal companies in Ohio may be protected against liability or third party claims unless written notice of the claim is served within 60 days after the injury occurred. However, if a worker is injured on the job, they may be able to bring a third-party liability claim if the injury was caused by the negligence or recklessness of an individual or entity separate from the employer. To succeed in such a claim, the plaintiff must prove that the third party had a duty of care to the plaintiff, that the third party breached that duty, and that the breach caused the plaintiff’s injuries and losses. In the case of a snow removal company, this may include failing to properly remove snow and ice, failing to warn of potential hazards, or providing inadequate equipment.

Workers’ Compensation Attorney

If you have been injured on the job, it is important to seek the services of a workers’ compensation attorney. I am an experienced personal injury attorney who has been involved in many third party lawsuits to recover medical expenses, lost income, and additional compensation. I am here to help you receive workers compensation benefits by filing your personal injury claim and proving third party liability. I have a great reputation and years of experience in workers’ compensation law. Workers trust me because I am passionate about helping injured workers receive the benefits they are owed.

Benefits of Working With a Workers’ Compensation Attorney

When you work with me, I can provide critical benefits, including:

Expert legal advice: I have helped hundreds of families navigate the workers compensation system, and can help you understand Ohio workers compensation laws, and how to properly file a third party lawsuit.
Timely filing of claims: Filing workers compensation claims to recover lost income because of a third party’s negligence is a process. I will make sure your third party lawsuit is handled correctly, so you can pursue additional legal action, and receive additional compensation.
Maximizing compensation: I will make sure your personal injury lawsuit holds the person accountable for the accident at the job site that resulted in your injuries. I will fight for the damages deserved for your pain and suffering, medical care, or permanent disability. I Will Make Them Pay!®

Contact Me

If you have been injured on the job, call me today 877.944.4373. I am available anytime, day or night, to guide you through the legal process and ensure you receive fair compensation for your injuries. I offer a free consultation a and you only pay if we win your case. Call me today and let me help you get the process started!

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The Law Offices of Tim Misny

3.7

Based on 130 reviews

14:32 20 Sep 23

Christine Filippelli

01:55 18 May 23

DeAndre Merritt

06:58 23 Mar 23

23:46 01 Aug 22

I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my life.

Jennifer Malainy

22:44 19 Jul 22

My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM MISNY and he will make them pay!! God Bless.

01:16 16 Feb 22

I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful, professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!

20:12 21 Jan 22

It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone else.

14:33 06 Dec 21

Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!

Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)

02:43 27 Nov 21

Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil Pursuits!City, State and Above State Level Situation .Pro Se !

12:56 04 Nov 21

Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim Misny.

Brandon Hagerdon

20:53 18 May 21

I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every time.

19:26 30 Mar 21

Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in Cleveland.

13:29 20 Jan 21

My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call away.

18:55 21 Dec 20

If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Tim

PJ Camargo/Authentik Movement Training

01:51 22 Oct 20

I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer & 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!

16:49 10 Oct 20

Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more highly.

04:44 09 Oct 20

As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mike

21:02 04 Oct 20

Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than that.

Benjamin Firstenberg

19:32 28 Sep 20

I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people honorably.

01:13 30 Jun 20

I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them pay.

00:16 17 Jan 20

WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!

ASK TIM A QUESTION
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THE LAW OFFICES OF TIM MISNY

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127

Phone: 1-800-556-4769
Toll Free: 1-800-556-4769
Fax: 440-306-1600
Email: tmisny@misnylaw.com

Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

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Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.