What Is a Third Party Claim?
Third party claims can be challenging to identify, especially when you are not used to handling insurance claims and related matters. First, you will need to get a better understanding of what a “third party” actually is in order to have better insight on what a third party claim is and when it is necessary.
A third party can be considered any individual, company, manufacturer, or entity that is connected to a case in addition to the two primary parties. For example, say you were injured due to an accident at work. Your employer would be considered the other primary party involved. If your injuries were caused by defective equipment, the manufacturer may be considered a third party tied to your case.
When a Third Party Claim Is Necessary
There are many situations where a third party claim can benefit an injured party. In most instances, a person may need to bring a third party against an additional entity or person involved if their initial claim doesn’t cover all the damages they suffered and compensation they are legally entitled to. Going back to our previous example, if you were injured on the job and filed a workers’ compensation claim, you would only get certain damages covered. These include lost wages, medical expenses disability benefits, and other limited benefits.
If you pursued a valid third party claim, however, you could also recover:
- Future medical, physical therapy, and health-related expenses
- Past and future loss of earning and loss of earning potential
- Loss of enjoyment and life
- Mental, physical, and emotional pain and suffering
- Compensation for any property damage (vehicle accidents) that occurred
- All other appropriate damages for the specific case
In comparison, you have a much broader range of compensation to recover in a third party claim than you do in a workers’ compensation claim. While your basic workers’ comp claim may be able to cover your medical bills and wages missed while in the hospital, a third party injury claim can help you secure the compensation you need to cover intangible costs, like loss of enjoyment of life or emotional suffering.
How Do I Know if a Third Party Is Liable?
Proving third party liability is one of the most important aspects of this type of claim. You will need to be able to demonstrate that the third party involved in your case contributed to your accident and injuries in order to recover the fair compensation you are owed from them.
Third party liability may apply when an entity violates their duty of care to another individual. This may take place in the form of negligence or reckless behavior. Design or manufacturing defects, drunk drivers (in work-related car accidents), and other incidents may all lead to third party claims.
Keep in mind, a third party must owe you a duty of care, breach that duty through negligent or reckless actions, and cause you specific damages in order for you to bring a third party claim against them. Have more questions about third party claims? Reach out to Hurt In Mississauga today to discuss your situation.
When Tort Claims Can Be Filed Outside of Workers’ Compensation
If you have suffered a workplace injury and your employer carries workers’ compensation insurance, you may be under the impression that you can only receive compensation by filing a claim through workers’ comp. While that is generally true, there are several notable exceptions that might allow you to seek additional compensation by filing a lawsuit. Here are a few examples of workplace injuries that allow workers to file a lawsuit outside of workers’ comp.
The owner of any property has a legal responsibility to ensure that the property is reasonable safe. Many employees—particularly contractors—are required to work on-site at various properties that are owned by someone other than their employer. If you are injured on someone else’s property because the owner was negligent in providing a safe workplace, you could potentially file a premises liability lawsuit against the property owner. A premises liability lawsuit would provide compensation above and beyond what is covered by workers’ comp.
THIRD PARTY CLAIMS
An injured worker may also have a viable “third party claim” in addition to workers’ compensation. This type of claim is available if your injury was caused, at least in part, by someone other than your employer. “Third party claims” are very common in workplace accidents, especially when contractors are on-site.
If your injury was caused by a defective product, you may be able to file a products liability lawsuit against the manufacturer of the product. Product manufacturers can be held responsible for injuries caused by a product due to a design defect, malfunction, or failure to warn the user of known dangers.
If your injury was the result of exposure to a toxic substance or chemical, you could be able to file a lawsuit known as a “toxic tort.” There are two types of injuries that can occur from exposure to a toxic substance.
The first is what is known as an acute injury. Acute injuries are immediately apparent and the source of the injury is generally easily identifiable. An example of an acute injury would be suffering a burn from a toxic chemical that is exposed to skin.
The second type of injury is known as a latent injury. Latent injuries are the result of frequent exposure to small amounts of a toxic substance. Many times, they can take years to develop, so identifying the source of the injury can be difficult. A prime example of a latent injury is workers who develop cancer or mesothelioma as a result of years of asbestos exposure.cturer of the product. Product manufacturers can be held responsible for injuries caused by a product due to a design defect, malfunction, or failure to warn the user of known dangers.
CLAIMS AGAINST YOUR EMPLOYER OUTSIDE OF WORKERS’ COMPENSATION
In some situations you may be permitted to pursue a lawsuit against your employer in addition to the benefits provided by workers’ compensation. Any potential exceptions or other causes of action against your employer vary from state to state. Therefore, you should consult with an experienced work injury attorney to determine your legal options.
CONSULTING WITH A WORK INJURY LAWYER
If you have been injured at work, you should consult with a work injury lawyer as soon as possible to learn about your legal rights. Even if your employer carries workers’ compensation insurance, you may have the right to file a personal injury lawsuit depending on the facts of your case. Our lawyers can provide you with a free consultation to help you determine your best legal options. Contact us today to learn how we can help you.
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