How to Bring a Third Party Claim After a Workplace Injury in Indianapolis

After being injured in the job, employees are generally eligible for workers’ compensation benefits, which are basic and only cover the injured party’s damages in a limited fashion. But what if an employee’s accident was another party’s fault other than their employer or company? This is common in the case of car accidents, such as a negligent driver causing a serious collision with a truck driver who is on the clock and operating the company vehicle. Additionally, what about the other types of losses suffered by injured workers that are just as significant and impactful, like mental anguish, pain, and suffering? Worker’s compensation benefits do not usually pay out for such damages.

Fortunately, injured workers harmed by another’s negligence other than their employer or a co-employee can pursue a third party claim to obtain the full and fair amount of compensation they deserve for ALL their damages and losses. If you were recently injured at work you can bring a workers’ compensation claim to recover benefits for your medical expenses, bills, some of your lost wages and if you have been permanently injured, you can also receive limited amounts for the permanency.  If you are injured while working through the fault of a third party who is not your employer or a co-employee, you can make a claim for all your damages.

Continue reading to learn more about third party personal injury claims and how to get started on yours.

Indianapolis IN Personal Injury Law Firm 317-881-2700
Indianapolis IN Personal Injury Law Firm 317-881-2700

Third Party Claims for Injured Workers

Third party claims are important for workers who are injured on the job by another party separate from their company or employer. In such situations, not only should an injured worker accept workers’ compensation benefits after an accident on the clock, but they should also seek additional compensation from the separate party who caused their accident and ensuing damages.

In order for your third party claim to be successful, you will need a skilled and experienced personal injury law firm representing your case. As the claimant, you hold the burden of proving your case, including the defendant’s duty of care, their negligence, your resulting injuries, and overall damages and losses.

Who to Trust for Third Party Workplace Injury Claim Help in Indianapolis

The Law Office of Craven, Hoover, and Blazek P.C. is your source for trusted personal injury workers’ compensation representation in Indianapolis, Indiana. Our seasoned accident lawyers have represented numerous workers’ compensation, workplace accident cases and third party cases resulting from injuries to persons that occurred while the person was working, including Spanish speaking workplace accidents. We have the proper skills, legal resources, finances, and more to obtain fair and full relief for workplace accident victims.

This assures our clients that they have entrusted the right law firm for their work-related injury lawsuit. Our history shows that we work hard to fight for and protect our client’s rights, while recovering all funds and benefits they are rightfully entitled to. We offer free initial consultations and charge no fees unless we win compensation for you.

Are you ready to get your claim in motion or learn more about your rights? Contact us today at 317-881-2700 to schedule a free initial consultation with a licensed workplace accident lawyer in Indianapolis, Indiana. We serve clients state-wide, and never collect attorney fees unless we prevail for you.

You Should Also Read:

Difference Between Third Party Lawsuits and Worker’s Compensation Claims
FAQS About Having to Go Back to Work After a Workplace Injury
How to Try to Prevent a Heavy Lifting Injury at Work

Indianapolis Personal Injury Lawyers 317-881-2700
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Difference Between Third Party Lawsuits and Worker’s Compensation Claims

Third-party lawsuits often involve workplace accidents and injury claims, but they are different from workers’ compensation claims. If an employee is injured on the job, but by a person or company outside of the workplace, this employee might pursue a claim against this “third party.” A quick example involves a truck driver being hit by a drunk driver while on the job. Not only can this truck driver collect workers’ compensation benefits, they can pursue a third-party lawsuit against the drunk driver that hit them. Third party claims help victims recover the full and fair compensation they rightfully deserve following a negligent accident that was no fault of their own.

Continue reading to learn more facts you need to know about workplace injury claims, third party lawsuits, and protecting your rights as an injured victim.

Indiana Personal Injury Attorneys
Indiana Personal Injury Attorneys 317-881-2700

Workplace Injuries and Accidents

Workplace injury claims are turned over to the Workers’ Compensation Board of Indiana, while third-party lawsuits are addressed in state civil courts. To establish an opposing party’s accountability, a personal injury lawyer should be hired to facilitate a full and comprehensive investigation to collect evidence of such negligence. It is important to hire a licensed personal injury lawyer for these kinds of claims and lawsuits. They retain the effective legal resources and knowledge to document a strong case against an opposing negligent party. Be sure to choose a personal injury attorney with extensive litigation and trial experience in the case that your claim cannot be settled out of court. If a third party lawsuit cannot be settled outside of court, it must be decided upon by a judge or jury.

Here are additional examples of possible third-party lawsuit scenarios:

If a worker slips on wet floor and injures themselves, they can collect workers’ compensation. If the floor was wet because the cleaning company failed to properly dry it, the worker can also pursue a claim against the cleaning company.  The settlement would be with their insurance company.

If a man injures his hand in factory machinery, he can collect workers’ comp. If the injury occurred because the machine’s design was flawed or defective in some way, he may also sue the machine’s manufacturer. The settlement would be with their insurance company.

If a dog gets loose from its owner’s grasp and attacks a housekeeper in a hotel, the housekeeper can collect workplace compensation, but can also pursue remuneration from the dog’s owner. The settlement would be with their insurance company.

If you were recently injured at work or anywhere else, contact a seasoned lawyer right away. Be sure to act fast, before the statute of limitations runs out on your claim and before evidence is lost, leaving you ineligible to pursue recompense for your damages.

Our Trusted Indiana Personal Injury Lawyers Are Here For You

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about recovering compensation through a personal injury claim, wrongful death claim, or medical malpractice claim in Indiana. You can schedule a free consultation with an experienced Indianapolis accident attorney who can determine the best strategies for your Indiana personal injury case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! We represent injured persons throughout Indiana, as well as the surviving dependents in wrongful death and medical malpractice cases.

Indianapolis Personal Injury Lawyers 317-881-2700
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Can I File a Third Party Claim On Top of a Workers’ Compensation Claim?

Workers' Compensation Attorneys 317-881-2700

Workers’ Compensation Attorneys 317-881-2700

Workers’ compensation law is important because it provides injured victims with financial relief while recovering from a workplace accident. However, it also protects companies and their employees from being sued by injured workers for unintentional accidents and injuries. It does not, however, protect other individuals and entities outside of the company. If the workplace accident was caused by something or someone outside of the company’s control, an injured victim can sometimes file a lawsuit for damages against the external at-fault party. Third parties can be another person, another company’s employee, a manufacturer, and much more.

These claims are called third party claims, and can vary drastically from case to case. Continue reading to learn more about filing a third party claim in addition to a workplace injury claim, and how to ensure you are receiving the full and fair amount of compensation you deserve.

One Accident – Multiple Claims

There are several scenarios that would allow an accident victim to seek third party benefits in addition to their workers’ compensation claim. For example:

🚑 If an employee is traveling from one job site to another, and is involved in a car accident because an intoxicated driver ran a stop sign, the employee could potentially receive workers’ compensation benefits, as well as, file another claim for damages against the intoxicated driver.

🐕 If an employee is attending a mandatory company picnic at a local park, and is bitten by a dog who was not on a leash, they could possibly file a 3rd party claim against the owner of the dog who bit them, as well as, receive workers’ compensation benefits since they were injured during a mandatory company event.

🏭 If an employee is injured at work by a piece of machinery because of defective or poorly designed parts, and the machine is less than ten years old, they may be able to file a third party claim against the manufacturer of the defective machine, as well as, still receive their workers’ compensation benefits.

What You Need to Know

There are numerous limitations to filing third party claims in addition to workers’ compensation benefits, and these limitations vary greatly among jurisdictions. The Workers’ Compensation Board of Indiana handles all the workers’ compensation claims in the state, but it is important to know that third party claims are dealt with separately, in civil court. The company of an injured worker does not handle any proceedings for filing a 3rd party claim. For these claims, injured employees would need to hire an experienced personal injury lawyer in order to file a lawsuit for damages against a 3rd party.

Workers’ Compensation Legal Assistance

For injured employees who feel like they are not receiving the full or fair amount of benefits they should for their accident, it is effective to hire an Indianapolis workers’ compensation attorney for legal assistance. They use their skills, knowledge, and resources to fight for injured employees’ rights to appropriate benefits and compensation following a serious workplace injury.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with workers’ compensation claims in Indianapolis, Indiana. Here at our law firm, we are eager to help injured victims recover the full and fair compensation they deserve. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 to schedule a free consultation with a licensed Indianapolis workers’ compensation attorney, today.

What is the Difference Between a First and Third Party Claim?

When you are involved in an accident, particularly a car accident, you have two options for filing a claim if you want to recover compensation for your damages and losses. The option you choose largely depends on who was at fault for the accident, but additional factors will have an influence as well. Continue reading to learn these two options and the difference between them both.

Car Accident Attorneys 317-881-2700

Car Accident Attorneys 317-881-2700

Insurance Claims

The two types of insurance claim options you face after being involved in a car accident is a first party claim or a third party claim. A first party claim is an insurance claim that you file with your own insurance carrier, under your own policy. A third party claim is an insurance claim that you file with the opposing party’s insurance carrier.

The purpose of filing a claim, whether for injuries or vehicular damages, is to recover the money you need to make up for the financial losses that resulted from your accident. This may include medical expenses, hospital bills, lost wages, and sometimes, even pain and suffering. As mentioned, the type of claim you file after a car accident depends on who was at fault.

Who is At Fault?

If you were at fault for the car accident and subsequent damages that resulted, then you would need to file a first party claim through your own insurance company. If you were not at fault for your accident, then you would file a third party claim with the at-fault party’s insurer.

A common example of a first party insurance claim accident would be if you didn’t stop soon enough at a red light and collided into the back of another person’s car. In this same example, the driver you hit would need to file a third party insurance claim with your insurance carrier.

At Fault Parties

In a car accident, there could be many potential opposing parties, including a vehicle manufacturer, a business, another driver, a pedestrian, or even the city. More than one party can be at fault for a car accident as well, and each party can be liable for different levels of fault. Furthermore, the level of fault in a car accident can sometimes be unclear, in which case, you might have to file a first and third party claim.

This means your car accident personal injury claim, or claims, can get very complex, which is why you require a licensed and experienced Indianapolis car accident attorney to help recover the full and fair compensation you deserve after being injured in a car accident. If the opposing party’s insurance is unwilling to settle fairly, an accident attorney can take your case to trial.

Indianapolis Car Accident Attorneys

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis car accident attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today.