Legal Help to Determine Third-Party Liability in a Work Injury
If you’ve been injured on the job and believe that a third party may be responsible, our Ohio work injury lawyers with Kisling, Nestico & Redick can help you throughout the legal process.
If you’ve suffered a work-related injury, you may believe that workers’ compensation is the only financial resource you have to pay for your losses. This may not be the case because, in addition to a workers’ compensation claim, you may also have a valid third-party claim.
Since work injuries and third-party liability are common, it’s important to consult a highly skilled work-injury attorney from Kisling, Nestico, & Redick to determine whether you can sue a third party for compensation.
In work injury situations, third-party claims refer to lawsuits against non-employers who are responsible for injuries that occur at work. While workers’ compensation may cover your medical bills and a portion of your lost wages and loss in earning capacity, a third-party claim can provide you with a settlement to pay for other losses such as pain and suffering, emotional distress, and a decrease of enjoyment of life. Unlike workers’ compensation claims where the law dictates the amount of compensation you receive, settlements in third-party claims are determined by the value of your claim.
Examples of Third-Party Claims
At Kisling, Nestico & Redick, we work with many clients who have been injured on the job and are able to sue a third-party because the other party is at least partially responsible for their injury. Several examples of third-party claims include:
A claim against the manufacturer of a defective vehicle, machine, or tool that hurt you while you were working
A claim against a negligent driver in a car accident which injured you while you were on the road for work
A claim against a landlord who failed to keep their premises safe and free of hazards, causing you to injure yourself while on the job
A claim against an outside vendor or contractor who was performing work on your job site and hurt you
A claim against the owner of a dog who attacked you while you were working
A claim against a co-worker whose actions of assault led to your injury at work
How to Establish Third-Party Liability
In workers’ compensation claims, it is not necessary to prove negligence in order to collect workers’ compensation benefits. Workers’ compensation is a no fault system, meaning it doesn’t matter if your employer’s negligent acts prompted your work injury. It was designed to protect employers from costly and time-consuming lawsuits. That being said, if your goal is to receive these benefits, you simply have to prove that you were injured on the job.
However, to recover a settlement in a third-party claim, you must use evidence and testimony to demonstrate that an accident did occur, the third-party that caused the accident was unreasonable or failed to take a reasonable action, your injury was serious enough for you to be eligible for compensation, and your injuries were caused by the accident.
Why Hire a Work Injury Attorney At Kisling, Nestico & Redick
If you’ve been injured on the job and believe that a third party may be responsible, Kisling, Nestico & Redick is an invaluable resource. Our attorneys have extensive experience handling workers’ compensation claims and third-party claims to ensure our clients secure the maximum compensation to which they may be entitled. We can establish third-party liability and ensure all of your rights are protected.
Since establishing third-party liability is challenging, it’s vital to contact Kisling, Nestico & Redick if you think the negligent actions of a third party contributed to your work-injury.