Do You Have a Third Party Claim?
Experienced workers’ compensation attorneys in Boston
Workers who are injured on-the-job in Massachusetts are entitled to file a claim for workers’ compensation benefits.
However, workers’ compensation may not be enough to fully compensate victims for their losses. In many work injury cases, there may be an opportunity to pursue a third-party claim against other responsible parties. Our law firm is dedicated to ensuring injured employees are given maximum workers’ compensation benefits in addition to seeking action against third parties.
While workers’ compensation claims do not require proof of employer negligence, third-party claims do. Workers must show the responsible party owed a duty of care to the victim, that duty was breached and as a result, the plaintiff suffered injury. In order to properly identify third-party defendants, a legal team is often required to conduct thorough research through interviews, medical records, and other investigation.
Examples of third parties could include: other contractors on the job site, building owners, general contractors, maintenance companies, other drivers and/or commercial trucking or driving firms. Depending on the circumstances of the case, government entities may be deemed partially responsible which can be evaluated by an experienced attorney.
Third Party Claim vs. Workers’ Compensation Benefits
Workers’ compensation benefits will generally only cover a portion of costs incurred by the worker, whereas third-party legal action allows an injured worker and/or surviving family members to obtain additional damages such as pain & suffering.
When an employee sustains a work-related injury, all those liable should be held responsible. Although an injury may have resulted from a work-related accident, third parties are not protected by the workers’ compensation immunity that employers are.
Examples of Third Party Lawsuits in Massachusetts
Third-party lawsuits tend to result in considerably higher monetary recovery than what workers would receive in a workers’ compensation settlement or award by the Massachusetts Department of Industrial Accidents.
Whether or not a third-party will depend on a variety of factors as well as the characteristics of the situation.
- Auto accident: A trucker, professional driver or any worker traveling from one job site to another may pursue third-party action against the at-fault driver and that driver’s insurance company.
- Construction Sites: If a worker is injured by the negligent action of another subcontractor’s employees or by failure of the property owner or general contractor to take certain action, a third-party lawsuit against those entities may be necessary.
- Defective products: Construction workers and laborers routinely work with heavy, dangerous machinery. Some of these products are inherently dangerous and workers must properly use the equipment to prevent injury. However, in some cases even when using the product as directed, products malfunction due to faulty design or poor manufacturing. In these cases, a third-party product liability lawsuit may be warranted.
If you are considering pursuing a third-party claim, it is important to do so quickly due to the statute of limitations on third-party injury cases. Third-party claims must be filed within three years from the date of accident. If a claim is not filed within the designated time frame, an injured worker will have to forfeit any claims or rights they may have had against the third-party.
There may be limited circumstances under which a worker can request the statute of limitations be tolled (extended), but generally, it is advisable not to wait and to contact an experienced injury attorney immediately.
The Attorney Injury Group will fight aggressively to protect your rights. If you or a loved one has a third-party claim in Boston, Massachusetts, call the experienced workers’ compensation attorneys at the Attorney Injury Group for help. Call us today at 617-934-7000 for a FREE, confidential consultation. When you call our experienced Massachusetts personal injury lawyers, we will investigate every detail of your accident at no cost to you.
At the Attorney Injury Group, you will never pay an attorney’s fee up front and we don’t get paid until you do. Call today to learn how we may be able to help.
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