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 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 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 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 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!®
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!