Work injuries happen every day. It is important to have your work injury accident reviewed by an experienced Minnesota Workplace Injury Attorney to determine if you have grounds for a third party liability claim. The situation will need to be investigated. Time is of the essence. Evidence needs to be gathered and witnesses interviewed. It is even helpful to have pictures of the accident area. A third party liability claim may be made against:
- product manufacturer for a defective product
- contractor or subcontractor for negligence
- property owner for negligence
- insurance company for driver error or negligence in a work-related vehicle accident
As an employee, you do not have the right to sue your employer for injuries sustained on the job. You may file a workers’ compensation claim. You also have the right to pursue a work injury third party lawsuit if a third party contributes to or is responsible for your work related injury. Here are some examples of valid third party injury liability claims:
- on the job motor vehicle accident
- delivering an appliance to a buyer’s home and you slip, trip, or fall at the home
- working on a large construction site and getting hurt when an employee from another company drops a piece of lumber and it hits you
A third party claim is in addition to a workers’ compensation claim. The advantage of a third party liability claim is that you have the opportunity to be compensated for damages not covered under a workers’ compensation claim. One example of additional damages would be past and future pain and suffering. Here is an example of a case Partner Steve Terry recently settled:
Michael was a driver of a commercial vehicle. Another vehicle swerved into his lane and side-swiped him, which caused him to go off the road and hit a concrete median. He did not have immediate pain symptoms, but over a period of time his injuries continued to get worse and MRIs of his neck and low back showed many levels of degeneration and herniations, requiring both neck and low back surgery.
Michael’s original medical bills were covered under workers’ compensation (handled by another law firm). Steve Terry then negotiated an assignment of the workers’ compensation subrogation claim. The total medical and wage loss paid by the workers’ comp carrier was close to $240,000.
The bodily injury claim quickly settled with American Family Insurance for policy limits of $100,000, but the underinsured claim against The Hartford took more time. The Hartford started offering $50,000 and the matter was eventually settled for $400,000, The total amount received by Michael was a little less than $750,000 from workers’ comp, bodily injury, and underinsured.
This information is provided as a service of TSR Injury Law. Steve Terry, Chuck Slane, and Rich Ruohonen are skilled, ethical attorneys with years of experience with Third Party Liability Claims. They have recovered millions for victims of work injuries. For more information call 612-TSR-TIME or submit our free consultation form.