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How Does a Third Party Lawsuit Affect Workers Comp Cases?

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An injured worker clutches his broken arm.In some situations involving workers’ compensation, third parties may be required to contribute to the settlement of third-party litigation in the event of a work-related accident. Employees who sustain injuries at work have the right to anticipate that their employer will pay for their medical expenses and a sizable portion of their lost wages. However, it is not necessary for an employee to demonstrate that the employer was careless or to blame for the accident. The downside of not needing to demonstrate employer culpability is that the employee cannot pursue pain and suffering damages. However, there are frequently third parties that may be held accountable in injury situations.

Have you been injured while on the job in Georgia? Contact Ali Awad, ‘the CEO Lawyer,’ and his team of experienced personal injury attorneys at the CEO Lawyer Personal Injury Law Firm by calling (833) 254-2923 or contacting us online to receive your free and confidential case evaluation. Attorney Ali Awad, ‘the CEO Lawyer,’ established the CEO Lawyer Personal Injury Law Firm and quickly turned it into one of the fastest-growing law firms in the country. If we take your case, you won’t pay anything until we win.

What Is a Third-Party Lawsuit?

Third-party lawsuits, as opposed to workers’ compensation claims, give the plaintiff the right to seek compensation for their pain and suffering. Workers can file a claim for worker’s compensation and demand all unpaid lost pay. A claim for third party compensation or workers’ compensation can be made by an employee. The good news for the worker is that they will likely be eligible for wage loss compensation and will be able to access the necessary medical care while their personal injury claim is being processed.

Employers may add their own demands to the claims made by the injured employee in a third party lawsuit. They have the right to request repayment from the third party for all money paid to the employee. This often covers all of the pay and medical expenses they covered for the employee. Third-party workers’ compensation attorneys with experience can clarify who is eligible to file a claim for damages and how the employer is compensated.

How Do I Get Workers Comp?

In most cases, employees cannot directly sue their employers for negligence. The employee cannot bring a civil lawsuit against the company, even if they were aware of a known danger or failed to follow established procedures. Like in other legal problems, there may be exceptions when an employee can file a lawsuit against the company, although this rarely happens. However, as long as an injured worker is unable to work, the employer is responsible for covering their medical costs. The employer is also responsible for covering any further medical costs incurred by the employee once he or she resumes work. While they are unable to work, employees are also eligible for wage loss benefits through a workers’ compensation claim. Speak with an experienced Georgia personal injury attorney to discuss your options for compensation following an injury while on the job.

Workers Comp Laws

Federal statutes and state laws both regulate workers’ compensation laws. Both offer set awards to workers or their dependents in the case of illnesses and accidents related to their jobs.

The wounded worker can collect compensation through these statutorily mandated awards without suing an employer. The types of workers covered, the quantity and length of benefits, and other specifics vary between the various state legislation.

The Federal Employees Compensation Act, the Jones Act for sailors, and the Longshore and Harbor Workers’ Compensation Act for longshore and harbor workers are just a few of the laws that protect federal employees.

Most workers’ compensation laws have the effect of holding the employer strictly accountable for injuries received while on the job, regardless of whether the employer or the employee was negligent. For a claim to be legitimate, the damage must occur during the course and scope of employment, and there must be a link between the employee and the employer.

What Does the Workers Compensation Law Do for the Worker?

  • Your employer or their insurance company is required to pay for all necessary immediate and comprehensive medical care if you become ill while on the job.
  • They are legally entitled to choose the hospital or doctor who will treat your work-related illness or injury.
  • The hospital is unable to balance and collect money from you.
  • You are free to object to the doctor’s diagnosis.
  • As you receive medical attention for your injuries, you have the right to compensation.
  • You have the right to have medical treatment resumed if you believe it was cut off prematurely, including any therapy.
  • It is illegal for an employer to treat a worker unfairly, discriminate against them, or fail to provide them with reasonable accommodations at work. Contact the Office of Workers Compensation in your state if you believe you have been the victim of such discrimination or retaliatory behavior. They have the right and ability to defend your rights against such retaliatory behavior.
  • Your work-related injury may potentially give rise to a third-party personal injury claim. This kind of claim is made against other people or companies whose carelessness resulted in your injury rather than your employer. An instance of this is having a car accident while driving for your work.
  • To defend your legal rights, you have the right to retain legal counsel.

Workers Compensation Lawsuit

Employers are required to provide benefits to employees who become permanently disabled. Depending on the type of injury, the length of the payments will change. Additionally, employees who contract an occupational injury are entitled to wage replacement and payment for their medical expenses. The remuneration varies according to the sort of work performed and the employee’s earnings. To learn more about filing a workers’ compensation lawsuit, contact the team of experienced attorneys at the CEO Personal Injury Law Firm to receive your free consultation.

The wounded worker must file a separate personal injury lawsuit to request a third party lawsuit agreement to pursue claims for pain and suffering, loss of consortium, and punitive damages. This could be a careless employee, a manufacturer of a faulty product, or any other third party that needs to be held accountable.

Third Parties’ Responsibility in Workers’ Compensation Cases

Depending on the responsibility laws in your state and how the accident occurred, third parties may be liable for a variety of reasons.

Common third-party claims that employees may submit include:

  •   Product liability claims are made against the makers and distributors of all machinery, tools, and equipment that workers use while on the job.
  •   An employee may bring a product liability claim, for instance, if they sustain an injury due to a forklift’s malfunctioning brakes or unstable scaffolding materials used during construction. In this case, if a construction accident was caused by equipment from a third party, the employer is typically not accountable.
  •   In certain situations, the worker is not required to demonstrate that the manufacturer was careless. If the product is flawed and the flaw causes damage, they may pursue a settlement through a third party lawsuit.

Lawsuits By Third Parties for Negligence Claims

A third party defendant can be any person who causes a job injury but is not an employee of the employer. Your employer’s coworkers cannot be included in a third-party liability action.

  •   Architects who create dangerous structures may be held accountable for their subpar work.
  •   Contractors who were at fault for an accident on your jobsite.
  •   If a worker falls, snow removal teams the employer hires may be held accountable.
  •   When a worker is hurt while on a property owner’s property, such as when a salesperson visits a client, the property owner may be held responsible.
  •   Particularly in the construction sector, contractors and subcontractors may be liable for third-party workers’ compensation claims.
  •   Equipment service providers may be held accountable for neglecting to maintain or decommission their equipment.
  •   If your job involves driving, you might be a car or truck driver in an accident.

Workers Compensation Lawyer in Atlanta

For more than 20 collective years, the workers’ compensation attorneys at the CEO Lawyer Personal Injury law firm have fought for injured workers. We consider every aspect of your claim, including your right to pursue a settlement from a third party workers’ compensation provider.

Call Ali Awad, ‘the CEO Lawyer,’ and his experienced team of workers compensation attorneys today to receive a free, no-obligation consultation. We can assist you with exploring your legal options and avenues to ensure that you receive the compensation you deserve. Contact the CEO Lawyer Personal Injury Law Firm by calling (833) 254-2923 or contacting us online. If we take your case, you won’t pay anything until we win.

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    Frequently Asked Questions

    After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

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    Help Negotiating with Insurance Carriers

    To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.

    Do You Have a Personal Injury Case?

    The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.

    Georgia's Personal Injury & Accident Firm

    Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.

    What to Expect From Your Initial Consultation With a Personal Injury Attorney?

    During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.

    Speak to an Experienced Personal Injury Attorney Today

    If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.