Should You File a Third-Party Negligence Lawsuit?


Posted on 07/12/2014 by Mark A. Ivener, A Law Corporation

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Some workers are uncomfortable with the idea of filing a worker compensation claim against their own firm because they feel like this move can hinder their chances of promotion. They also tend to be hesitant if the conditions when the injury occurred are unclear. In any case, these people are willing to waive a lot of money which should legally go to them.

If you are in this kind of situation, consider hiring a work compensation attorney to get professional guidance and support in Philadelphia or the city you live in. There may be more than one viable option on the table.

Third-Party Negligence

One such instance is a third-party negligence lawsuit. If the case when there is a third party involved in the injury, you can actually sue this third party for the expenses, reducing the amount of money you would be asking from your company and their insurance company. However, before you proceed, you need to be certain that you have a full grasp of the situation and the legislation involved.

What is a Third Party in Legal Terms?

Simply put, a third party is anyone who isn’t you or some other person in your company. This excludes both your colleagues and supervisors from being sued through this method. Essentially, this is your option only if the entity is not affiliated with your employer.

In a concrete example, a third party is the manufacturer of your computer or the table you sit at. If these products you buy are faulty, and they cause your injury, you are well within your rights to sue them for damages.

Another situation when you can invoke a third-party lawsuit is if your injuries were sustained as a result of a car accident. Your commute to and from work, and you also go on business trips. Getting injured in these situations is in the domain of workers’ compensation. But if you are uncomfortable asking your employer to pay you money for getting into a traffic accident, a third-party lawsuit is another option. If the cause of the accident is another person’s behavior, they are now liable to be sued using the third-party negligence lawsuit.

These two examples are just the tip of the iceberg of potential third-party lawsuits. You may want to consult a lawyer prior to suing, just to make sure you have an airtight case.

Should You Sue?

Once you have established that you can sue, the question is, should you. Well, before you start, make sure you have proof that the person or company you are suing is responsible for the injury due to negligence. It is always a good idea to consult with your employer before you sue as well. Generally, they shouldn’t have a problem if you choose to file a personal injury suit against a third party. What’s more, this may mean that you will ask for less money from your company’s worker compensation insurance.

Ultimately, it is up to you and your personal outlook on the situation. If you strongly believe that the third party is responsible, you should absolutely go after the compensation money for your injury. Make sure you have a good worker compensation lawyer. They specialize in injuries and all the laws related to this field.

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About the Author

Mark Ivener is an experienced business and EB-5 immigration attorney who has written 5 books on Immigration Law as well as has written numerous articles and spoken at many events on EB-5 topics.

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