Third Party Workers’ Comp Claim Attorney Philadelphia
When most people think of workers’ compensation claims, they think of employees who directly sue their employers. However, workers are often injured because of a third party who has no real connection to their job. When this happens, the worker has the option to file a third party workers’ compensation claim.
If you need to file a third party workers’ compensation claim, the Ciccarelli Law Offices team is here for you. We will guide you through the basics of Pennsylvania workers’ compensation law and help you get the information you need to win your case.
Basic Workers’ Compensation Law
Unlike some of the suits Ciccarelli Law Offices handles, workers’ compensation and third party workers’ compensation suits do not involve monetary compensation. Instead, these claims involve medical compensation: your employer agrees to pay for your medical care so you can return to work as soon as possible, in exchange for your agreement not to sue. This can also involve weekly payments that act as a form of disability insurance, and reimbursement for medical costs or treatments your employer does not already cover.
If a work-related injury, including a third-party injury, resulted in death, the employer may be asked to pay certain benefits and costs to the employee’s family. At times, this functions as compensation for economic loss – in other words, the loss of that family member’s paycheck.
The Difficulty of Filing a Workers’ Comp Claim
Workers’ comp claims, especially third party ones, are difficult to file. Once you do file, it can be difficult to have the claim taken seriously; some people even have their claims thrown out in court. This can happen for a number of reasons.
For instance, insurance companies often stand in the way of fair workers’ compensation. Since it is easier for these companies to insure healthy people, they often pressure employers to call employees back into work before they have fully recovered from injuries or illnesses sustained in the workplace. Since the employee is not able to work, he or she is often fired, incurring more economic and emotional hardship.
Another reason these claims are especially difficult is because proving a third party was involved can be next to impossible. For example, let’s say you are a cable installer, and your company sends you to work on a house or apartment building that is not up to code, or that houses people you know will not remove hazards such as high-voltage wires from their property. If you suffer electrical injuries while working at this location, it could be the customer’s fault, because he or she left wires exposed.
However, just like you, that person will have an attorney who will probably argue that you were somehow negligent. In cases like this, it is crucial to have legal and medical experts such as the ones at the Ciccarelli Law Office on your side.
Common Types of Third Party Workers Comp Claims in Philadelphia
In our years of service in the West Chester area, our team has encountered several types of third party workers’ compensation claims. Thus, we are prepared to handle even the most difficult situations. Common claims include:
- Defective product claims: These can refer to anything from defective brakes and accelerators on cars, trucks, or aircrafts, to defective equipment used on a construction site. Defective or damaged safety equipment such as goggles or gloves also qualifies.
- Drunk driving claims: The transportation industry is one of the most dangerous for any employee, partially because of other drivers. Drunk driving often leads to serious injuries, disabilities, and death. If a drunk driver has killed a loved one or caused you or someone else severe injury, we can help.
- Toxic substance claims: These claims cover exposure to asbestos, hazardous chemicals, human waste, lead-based paint, poisonous fumes, and many other substances. Prolonged exposure can cause injury and severe diseases such as cancer, or death.
If you need to file a third party claim, contact our Philadelphia injury attorneys today for a consultation and overview of your case.