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Category: Workplace Injuries

Third Party Injury Claims in Workplace Injuries

When people are injured on the job, it doesn’t always immediately occur to them at the time the variety of individuals that could be held liable. The one chief concern that typically occupies your mind is getting treatment.

Instantly, people begin to think of workers’ compensation as a recourse. However, there are times when not only the employer bears liability for an employee’s injury or illness. There are times when a third party bears some (or all) of the responsibility.  When circumstances dictate that a manufacturer of a product or piece of equipment (Defective Products/Products Liability) used in the workplace be held responsible for an employee’s injuries, the legal theory under which damages may be pursued is called “Third-Party Liability.”

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Your Rights When Injured on the Job

Every day people are injured on the job. And few often know their legal rights when that happens. In addition to the right to file a workers compensation claim, employees injured on the job often have other legal options available to them to get the compensation they need to address their injuries, time away from work and other damages that come into play.

 

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Damages An Insurer Must Pay in Accident Cases

In car accident cases, insurers are responsible for covering a wide assortment of damages for which their client is liable. When a person is injured due to neglect, those damages can add up quickly. Among the list of damages insurers are often responsible for are: medical care and related treatment expenses; lost income resulting from the accident or time spent recuperating; any permanent physical disability or disfigurement; loss of social, consortium, missed school, training, vacation and special events; emotional damages (stress, depression, strains on relationships); and damage to property.

As you can see, many of these kinds of damages can mount to a significant award. But insurers are often compelled to limit those damages. Despite the requirement to cover the array of damages for which their client is responsible, insurers take great pains to pay as little as possible. That’s all the more reason it’s important to be represented by a practiced personal injury attorney who can negotiate on your behalf.

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Workers’ Compensation: Eligibility

Workers' compensation is an insurance program mandated by the state to provide compensation to employers who suffer in jury as a result of work. This no-fault system (providing benefits without proving liability) pays eligible workers for medical coats and lost wages. As a result, the employee cannot sue the employer. (There are a few exceptions to this rule.)

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Workers’ Compensation: Denials

When a worker is injured on the job and the injury is work-related, its very possible they have a valid claim for workers' compensation benefits. Each state's workers' compensation system reviews claims and provides benefits to ensure that workers are covered in at least a limited way for injuries and employers aren't sued every time a worker is indeed injured.

Most employers are required to carry workers' compensation insurance. But that doesn't mean that every workers' compensation claim is a slam dunk. There are many reasons why a claim may be denied. If you are injured on the job, you should always keep in mind the following so that your claim may receive the consideration it merits.

Below are some common reasons workers' compensation claims may be denied:

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