Third Party Injury Claims

In exchange for providing workers’ compensation benefits, Georgia employers are shielded from being sued by workers who are injured on the job. An injured employee also cannot sue a co-worker who played a role in his or her accident.

In some cases, however, it is proper to pursue a personal injury claim after a workplace accident and injury. These lawsuits can entitle the injured worker to recover compensation that goes beyond workers’ compensation benefits, such as payment for pain and suffering.

If you or a family member has been injured while at work, you should contact a third-party injury claims attorney at the Mann Law Firm. Contact us today at (478) 742-3381 for a free consultation.

How Do Third-Party Injury Claims Arise?

Workers’ compensation is a no-fault program. This means that a worker can recover benefits regardless of who is at fault in an accident. However, in third-party injury claims, it must be proven that someone was, indeed, at fault for causing an employee’s injuries and losses.

If we consider just a few of the most common workplace accidents that result in injuries, we can see how third-party injury claims may well be justified:

• Falls – Many workers are seriously injured in falls from one level to another or in slip-and-fall accidents on the floor of the workplace. If a subcontractor was hired to erect scaffolding at a construction site, which in turn failed and caused a worker to suffer injuries, that subcontractor could be subjected to a third-party injury claim.
• Machinery malfunction – If a defective machine or equipment causes an employee to be injured, its manufacturer may ultimately be liable for the worker’s losses.
• Motor vehicle accidents – Accidents involving forklifts, pallet movers, scissor lifts and even work cars and trucks are common causes of work injuries. A worker hurt in a motor vehicle accident may hold the driver liable through a third-party injury claim.
• Objects falling onto workers – In new construction, floors, walls and other structures can collapse and injure workers. Those responsible for these structures, including architects or engineers, may be held accountable for the structure’s failure.

Who Can Be Sued in a Third-Party Injury Claim?

If your workplace injury was caused by the negligence of a party other than your employer or a co-worker, you may have a right to sue that person or entity in a third-party injury claim.

A third party involved in a workplace injury might include a:

• Manufacturer or distributor of faulty or defective tools or equipment
• Subcontractor on a worksite who neglected safety procedures
• Property owner responsible for the general safety of a worksite or a property
• Driver of a vehicle involved in an accident that injured you.

In essence, a third-party injury claim for a workplace accident is a stand-alone personal injury lawsuit against that party.

What Can I Expect to Recover in a Third-Party Injury Claim?

A third-party personal injury or wrongful death claim after a workplace accident typically would seek compensation for:

• Medical expenses
• Property damage
• Lost wages
• Pain and suffering
• Disfigurement and scarring
• Wrongful death (in a fatality)
• Punitive damages (if the defendant’s conduct was egregious).

Keep in mind: After a successful lawsuit, your employer may seek to recover some or all of the payments made to you as part of your workers’ compensation claim. This is known as a lien. The lien would only be satisfied after you had been fully compensated for your losses.

How Can a Third Party Injury Attorney Help Me?

Workplace accidents can be complex, with possibly more than one party involved in a claim. It can be cumbersome to figure out the numerous legal issues on your own, especially while you recover from your injuries.  An experienced third-party injury attorney can ease your mind by:

• Determining whether you have a third-party claim
• Analyzing the case and estimating the amount of possible compensation for your injuries
• Negotiating with insurance counsel on your behalf in order to come to a settlement on compensation
• Filing a lawsuit in court if a settlement cannot be reached by all involved parties
• Taking your case to trial in front of a jury of your peers.

The companies on the other side hire experienced law firms in an attempt to pay out as little as possible on personal injury claims.  You should be ready with a highly regarded law firm to fight for your rights to compensation.

How We Can Help Injured Workers Seek Additional Compensation

Workers’ Compensation Doesn’t Cover Everything—But We Can Help You Get More.

While workers’ compensation provides medical treatment and wage benefits, it doesn’t cover pain and suffering or full lost wages. However, if a third party (someone other than your employer) contributed to your injury, you may be entitled to additional compensation through a personal injury lawsuit.

At Mann Law Firm, we investigate whether you can pursue both workers’ comp and a personal injury claim. We seek extra compensation if:

• A negligent driver caused your work-related crash (e.g., delivery drivers, truckers).
• A defective machine or unsafe equipment contributed to your injury.
• A subcontractor or third-party worker was responsible for the accident.

Our over 50 years of legal experience means we know how to get the most out of your claim. We investigate all potentially liable parties to maximize your recovery. While many firms avoid court, we’re prepared to take your case to trial if needed.

If you were injured at work and believe someone other than your employer was responsible, you may be entitled to significant additional compensation. Call (478) 742-3381 for a free case review today.

Call the Mann Law Firm Today for a Free Consultation

The attorneys at the Mann Law Firm have been fighting for the rights of our clients for over 30 years. We understand the tactics used by insurance companies to settle claims quickly and for less than they are worth.  David Mann truly cares about his clients and works hard for them. We work on a contingency fee basis, which means we get paid only if you collect compensation for your injuries.  David is a member of the Georgia Trial Lawyers Association and the Middle Georgia Trial Lawyers Association

Call us today at (478) 742-3381 for a free consultation.  At the Mann Law Firm, you come first.