Workers who sustained injuries on the job can sue their employer under the workers’ compensation system. But they can also hold a third-party liable for causing their work-related injuries. They can do this by filing a third-party claim that can help you recover damages workers’ compensation may not offer. You can turn to an experienced workers comp lawyer Ashburn for legal help in this matter. Your attorney will work diligently to make sure you receive maximum compensation and discuss what you must know about this claim.
When a Third Party Can Be Involved
In some instances, a third party can be sued for causing workplace injuries. This is possible when you were harmed by a defective product. In this case, you will have to file a claim against the manufacturer of the product. Also, a workplace injury can occur because of a toxic substance. If you sustained work-related injuries because of a car accident, you can pursue a claim against the negligent driver and their insurance provider. Slip and fall accidents can let you sue a facility manager or property owner. If were injured on a construction site, you could hold another company working on the site liable.
In terms of third-party claims, negligence is an important factor to consider. Thus, your claim can only succeed when you demonstrate a third party acted negligently or failed to reasonably to prevent your accident.
What to Do When You File a Third-Party Claim After Sustaining a Work-Related Injury
In the state of Virginia, you have two years from the date of your injury to file a third-party claim. Missing this deadline can result in you losing your rights to file. Also, you need to notify the workers’ comp insurance provider of your intention to file for a third-party claim. Failure to notify the company of rulings and pleadings related to your case can impact your workers’ comp claim.
After you reach a settlement with the negligent third party, the insurance company should give you written consent. Otherwise, you could lose workers’ comp claims. The insurance company has a right of lien that pertains to some elements of the settlement you will recover from a third party.
If you sustained injuries at work, you may be eligible for compensation to cover the damages you have suffered. A skilled attorney can review your case and help you navigate the entire claims process, so you can recover the maximum benefits you need.
