Chicago Third-Party Claim Lawyer

Workplace injuries are an unfortunately common occurrence. While workers’ compensation is often the first line of financial support for injured workers, it doesn’t always cover all expenses or losses.

In certain situations, an injured worker may have the option to file a third-party claim (third-party insurance claim), an avenue that can lead to additional compensation beyond what workers’ compensation provides. Understanding how a third-party claim works and how to pursue one, is essential for anyone who has been injured on the job and who wants to seek the compensation they deserve.

The process of filing a third-party insurance claim varies from state to state, so it’s crucial to understand how these claims work depending on your location. The Chicago third-party claims attorneys at Rosenfeld Injury Lawyers can guide you through the steps involved, ensuring you have the necessary information to navigate the process and seek fair compensation.

Understanding Third-Party Claims in Workplace Injury Cases

A third-party claim is a legal action filed by an injured worker against a party other than their employer who may have contributed to their workplace injury.

Unlike workers’ compensation claims, which are designed to provide benefits regardless of fault, third-party injury claims require demonstrating that another party’s negligence or wrongdoing played a role in the injury.

This additional compensation can be critical in cases where workers’ compensation benefits fall short of covering medical expenses, lost wages, or pain and suffering.

These claims are particularly common in industries such as construction, where multiple subcontractors, vendors, or property owners may be involved, and the potential for negligence by a third party is higher.

Third-Party Insurance Claim vs Workers’ Compensation Benefits

It’s important to understand how a third-party insurance claim differs from a workers’ compensation claim. Workers’ compensation is a no-fault system that provides injured workers with medical care and partial wage replacement. However, it does not compensate for non-economic damages like pain and suffering, nor does it fully cover lost wages.

A third-party insurance claim, on the other hand, allows the injured worker to seek additional compensation from an at-fault third party who contributed to the accident. While a workers’ compensation claim is processed through an administrative system, a third-party claim is a civil lawsuit requiring proof of negligence.

The two types of claims can often be pursued concurrently, allowing the injured worker to maximize their financial recovery.

Establishing Liability in Third-Party Claims

To succeed in a third-party insurance claim, it is essential to prove that the third party’s negligence was responsible for the injury. Negligence, in legal terms, refers to a failure to exercise the level of care that a reasonable person would under similar circumstances.

Duty of Care

In the context of this type of claim, the injured worker must demonstrate that the third party owed them a duty of care.

For example, equipment manufacturers are expected to ensure their products are safe to use, and subcontractors must follow safety protocols on shared worksites. When these duties are breached, and the breach results in injury, the negligent third party may be held liable.

Breach of Duty

A third party breaches their duty of care when their actions or omissions fall short of what is reasonably expected. This could be a subcontractor failing to secure a piece of machinery or a manufacturer producing a defective product that causes harm. The breach of duty must be clearly established as a contributing factor to the worker’s injury.

Causation and Damages

Lastly, a direct link must be established between the third party’s breach of duty and the injuries sustained by the worker. If the breach of duty caused or significantly contributed to the injury, then the third party can be held responsible for damages, including medical costs, lost wages, and pain and suffering.

This often requires expert testimony, medical records, and accident reports to clearly establish the third party’s liability.

Common Types of Third Parties in Workplace Injury Cases

Several different types of third parties may be involved in workplace injury cases. Identifying the responsible third party is a necessary step in pursuing compensation.

Equipment Manufacturers

One of the most frequent third parties in workplace injury cases is equipment manufacturers. When defective machinery, tools, or safety equipment leads to an accident, the manufacturer can be held liable. In such cases, the injured worker may file a product liability lawsuit, seeking damages for defects in design, manufacturing, or failure to provide adequate safety warnings.

Subcontractors and Vendors

On a busy construction site, various subcontractors and vendors often work simultaneously. If a subcontractor fails to adhere to safety standards or a vendor provides faulty equipment, their negligence may injure workers. In these situations, the subcontractor or vendor can be held accountable through a third-party insurance claim.

Property Owners

In some cases, the property owner where the accident occurred can be held responsible for dangerous conditions on the premises. If a property owner fails to maintain safe conditions or warn of potential hazards, they may be liable for injuries suffered by workers on their property.

Other Driver’s Insurance Company

Workplace injuries can also occur during work-related travel. If a worker is injured in a car accident caused by another driver while on the job, the other driver’s insurance company may be responsible for compensating the injured worker through a third-party insurance claim.

Car insurance coverage can extend to hundreds of thousands of pounds in many cases, so if an individual is injured badly in one of these accidents, a driver’s insurance company may have to pay a large sum.

The Role of a Workplace Injury Lawyer in Third-Party Claims

Navigating a third-party insurance claim can be complex, which is why having an experienced workplace injury attorney is crucial. Rosenfeld Injury Lawyers can handle the legal nuances, allowing the injured worker to focus on recovery.

Case Evaluation and Investigation

The first step an attorney takes is to assess the merits of the third-party insurance claim. This involves reviewing the details of the accident, gathering evidence, and identifying potential third parties who may be liable. An experienced attorney will conduct a thorough investigation to determine whether negligence occurred and which parties can be held accountable.

Gathering Evidence

A strong third-party insurance claim relies on robust evidence. A lawyer will collect crucial documents such as accident reports, medical records, safety inspection reports, and witness statements. Expert testimony from accident reconstruction specialists or medical professionals may also be necessary to strengthen the case.

Negotiating with Insurance Companies

Dealing with insurance companies can be overwhelming for injured workers. Insurers often try to minimize payouts or deny claims altogether. A skilled attorney will negotiate with insurance companies on the worker’s behalf, aiming to secure a fair settlement that covers all damages.

Litigation and Trial

If a fair settlement cannot be reached, the attorney will file a lawsuit against the responsible third party and represent the injured worker in court. The litigation process can be lengthy and complex, but an experienced trial attorney will advocate for the worker’s rights every step of the way, striving to obtain the best possible outcome.

Compensation Awarded in Third-Party Claims

Compensation in a third-party insurance claim often goes beyond what is available through workers’ compensation benefits, making it an essential avenue for injured workers seeking to cover all their losses.

Types of Damages

In a third-party claim, the injured worker may be eligible to recover various types of damages, including:

• Medical expenses: This includes current and future medical costs related to the injury.
• Lost wages: Compensation for wages lost due to the inability to work during recovery.
• Pain and suffering: Non-economic damages for physical pain and emotional distress caused by the injury.
• Loss of earning capacity: If the injury results in long-term or permanent disability that affects the worker’s ability to earn a living.

Calculating Damages

The amount of compensation awarded in a third-party claim depends on several factors, including the severity of the injury, the financial losses incurred, and the impact on the worker’s quality of life. An attorney will work with medical experts and financial specialists to accurately calculate the damages.

Punitive Damages

In cases where the third party’s conduct was particularly egregious or involved gross negligence, the injured worker may be awarded punitive damages. These damages are designed to punish the at-fault party and deter similar behavior in the future.

Get in Touch With a Third Party Claim Attorney Today!

If you or someone close to you has experienced a workplace accident caused by a negligent third party, you may be entitled to significant compensation, whether through a driver’s insurance company or a specific contractor for workplace machinery.

At Rosenfeld Injury Lawyers, we are dedicated to helping injured workers seek justice and recover the compensation they deserve. Our experienced attorneys will provide a free initial consultation to discuss your case and will guide you through every step of the legal process.

Call us at (888) 424-5757 or fill out our online form.

Specific Cases We Handle

• Industrial Accident Lawyer
• Plant Explosion Attorney
• Warehouse Accident Attorney
• Window Washing Accident Lawyer
• Cell Phone Tower Accident Attorneys

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.