What Is a Third-Party Personal Injury Claim?

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When you get hurt on the job, you should receive workers’ compensation. However, sometimes that is not the only type of compensation you should receive. If another party contributed to your accident, you may be able to file a third-party personal injury claim. A Prince George’s County work injury lawyer from our firm will do their best to help you secure the compensation that you deserve.

When Is It Wise to File a Third-Party Personal Injury Claim?

Any time another person or party contributed to a work injury, that’s a good time to file a third-party personal injury claim. Some good examples of this include:

  • You have to drive somewhere for work, but a drunk truck driver hits your car. You may be able to sue that driver and the trucking company that employs them.
  • You are hurt on a work site due to the actions of a subcontractor. That neglectful subcontractor could be sued.
  • You get injured at work due to a defective product. That manufacturer can be sued.

Can I File for Workers’ Comp and Make a Third-Party Personal Injury Claim?

Filing a third-party personal injury claim does not take away your workers’ compensation. They are two separate things and there are some important differences between these types of claims that you should be aware of.

Workers’ compensation is generally easier to secure because you just have to show that you were injured while performing your job duties. A third-party personal injury claim is harder to prove, because you have to show that a third party was actually negligent. A third-party claim can also award non-economic damages, like compensation for pain and suffering. Workers’ comp focuses on the economic costs of a workplace accident and that’s it.

Can I Sue Supervisors or Bosses?

You cannot usually sue your employer for injuries suffered in the workplace. The workers’ compensation system is in place to prevent this. This also means that it is unlikely that you will be able to sue supervisors or bosses personally.

How Long Do I Have to Make a Third-Party Personal Injury Claim?

The statute of limitations requires you to file your personal injury claim within a certain amount of time. Washington, D.C. gives you three years and Virginia gives you two. It’s important to know what the rule is in the state where the accident happened. File your case late and it’s likely to be dismissed outright, no matter how much evidence you have.

How Can an Attorney Help Me?

Your attorney can help you file both types of injury claims and fight for fair compensation. If you have questions about the process, your attorney can answer them. We’ll also do all the communicating for you, so you do not have to deal with lawyers or insurance companies on your own.

Schedule Your Consultation

If you were hurt at work, you do not have to fight for compensation on your own. Contact McCarthy, Winkelman & Mester, LLP and schedule your free consultation. We can tell you more about what our attorneys can do for you.


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