A third-party claim is a claim filed against the person, machine or other object that caused your injury. For most cases of workplace injuries, Workers’ Compensation will be the only type of benefits you can claim. Workers’ Compensation laws place no blame on either the employee or the employer. Instead, they compensate the injured employee for their injuries, including medical bills and loss of wages.
However, if the equipment or machine that you used caused your injury, you may be able to file a third-party claim against the manufacturer of the machine. You also can file a third-party claim if your company carries no Workers’ Compensation benefits and you can show that the injury was not your fault. A Workers’ Compensation attorney can assist you.
A third-party claim typically is handled in the civil court system, separately from Workers’ Compensation claims. Although employers are generally not involved in third-party claims, they often can recoup their Workers’ Compensation payments from the injured employee if the employee wins a lawsuit against the manufacturer. The employer also may wait until the employee recovers and use a lien given to them from the state to recover any duplicate compensation.
If you were injured at your workplace, you need legal help from a Workers’ Compensation attorney. If you live in Virginia, contact the Injured Workers Law Firm. Attorney Michele Lewane has more than 20 years of experience handling Workers’ Compensation claims. Contact her today at 1-804-755-7755 and order her free guide, Ultimate Guide to Workers’ Compensation in Virginia.