Find Out More About Third-Party Claims From Your Lancaster Personal Injury Attorney

By Frank Edwards


Any Lancaster personal injury attorney knows that if you are seriously injured on the job, you have an absolute right to workers' compensation benefits. Workers' comp, nevertheless, will not compensate you fully for your losses. But, you may also be able to obtain full compensation by going after a third party claim - a personal injury claim against someone other than your employer.

Workers injured while at work in Lancaster often don't know that they may be entitled to seek additional money damages, other than benefits from Lancaster workers' compensation. Under the law, when you file for workers' compensation, you're usually not allowed from seeking more damages from your employer, except under instances of gross negligence or wilful misconduct. Nevertheless, you have the legal right to seek additional compensation from a 'third party' discovered to be responsible for your accident or injuries. If your workplace accident was caused by a contractor, faulty devices or a vehicle driver not employed by your employer, you have what's known as a third-party claim. Third party liability claim lawsuits are cases that hold an individual (such as an employer) responsible for personal injuries you sustained on their premises or while doing work for their company. They are often filed in the place of workers' compensation claims, and permit the injury victim to get full salary reimbursement in addition to costs for suffering and pain.

While worker's comp benefits is a good idea, they're usually not enough. And often, as a matter of principle, they're far less than what you should have. A personal injury lawyer can advise you as to the viability of a 3rd party claim or lawsuit in your case. It could be very hard to determine this with no sound legal help. In serious injury cases third-party financial recoveries are usually more than the benefits an injured worker receives under the workers' compensation system. In a third-party lawsuit, a wounded employee could be entitled to get back past and future medical expenses, loss of income, loss of future earning capability, property damage, as well as compensation for pain and suffering, which aren't completely paid by workers' compensation claims.

Since determining who was responsible for your injuries could be difficult, you'll need a skilled personal injury lawyer to look at the details of your case and also help you determine the right approach. However, since these cases can be complex, there's no simple answer as to what constitutes a third party personal injury case. Here are some of the criteria that usually apply to these types of lawsuits: 1.) Workplace injuries caused by hazardous conditions at a different location; 2.) Injuries caused by staff of other companies; 3.) Injury suffered while operating a car on the job; 4.) Injured on a construction job brought on by contractor; and 5.) Injury at the workplace from a faulty product.

Go to the knowledgeable Lancaster personal injury attorney to help you determine the insurance company red tape and get the compensation you deserve. A personal lawyer can discuss your legal rights and options, which includes any potential third-party claims. A number of accident victims make decisions before consulting with an attorney that ultimately reduces their compensation. Never make that mistake.




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