Salem Third-Party Claims Attorney for Injured Workers
Protecting Injured Workers' Right to Compensation
A third-party insurance claim is a claim made against someone else's insurance policy. These claims most often occur when the claimant is injured because of someone else's negligence and the negligent party has third party liability coverage. When you are injured at work by a third-party (person or company) that is not your employer or a coworker, you may have two claims. You may be able to get financial compensation in the form of workers' compensation benefits and from a lawsuit settlement or award from a negligent third party.
From our law offices in Salem, Oregon, the lawyers at Elmer & Brunot, PC, protect and defend residents throughout Northwest Oregon who are injured in their capacity as employees by negligent third parties.
A third-party insurance claim is a claim that you make against someone else's insurance policy. A third-party claim is most likely to occur when you're hurt because of someone else's negligence, and they have insurance to cover that type of third party liability coverage.
Examples of Third-Party Accidents
A variety of work accidents may lead to a third-party lawsuit in addition to an employee's Workers' Compensation claim.
For instance, a third-party claim may arise during:
- Construction accidents: If an employee was injured by defective or dangerous construction tools or equipment at work, the injured employee may have a third-party claim against the manufacturers, designers, and sellers of the defective and dangerous tools.
- Car accidents: Employees who are injured in an on-the-job vehicle accident may be entitled to a compensation claim. In this case, the injured employee would have a third-party claim against the negligent driver of the other vehicle and his or her insurance company.
- Workplace accidents: Employees injured at work due to defective or dangerous work equipment may have a third-party claim against parties involved in the manufacture, design, and distribution of the equipment.
In a Third-Party Compensation Lawsuit, the Plaintiff Matters
In Oregon, various state agencies, your employer, and its insurance company are all permitted to file lawsuits against the negligent third party who caused your injury. If you fail to pursue a third-party lawsuit, others may file suit in your place.
Once you begin to receive workers' compensation benefits after a work injury, state agencies may ask whether you are going to sue the third party. If you do not respond in a timely manner, you may lose your right to sue that third party.
Deciding when, how and if to file a third-party lawsuit is a decision best made in collaboration with an experienced attorney.
To ensure that all of your rights are protected and every avenue of financial recovery is explored, contact the third party claims lawyers at Elmer & Brunot, PC by calling (503) 563-7035 to schedule a free consultation.