Allentown Work Injury Lawyers: Munley Law Will Help With Third-Party Claims
Work-related injuries can be catastrophic and disastrous. You can sustain long-term or life-threatening injuries as you carry out your daily duties at your workplace. If you get hurt at work in Allentown, you have the right to file for a workman’s compensation claim. However, workers’ compensation might not be enough to cover all your medical bills, non-economic and related damages. In many cases, you may be entitled to workers’ compensation and third party claim damages as well.
If you get injured at work due to another party’s actions (other than your employer or coworker), you have the right to file for a third-party claim. For instance, if you are driving as part of your job and are struck by a reckless driver, you may be able to take action against the at-fault driver even if you are collecting workers’ compensation. Allentown’s Munley Law workers’ compensation attorneys will help you get compensation and recover damages from the other car’s insurance company. At-fault third parties may be a manufacturer, driver, company, or individual responsible for your on-the-job injury. Call an Allentown workers’ comp lawyer for a free consultation to discuss the possibility of a third party claim.
Hire An Allentown Workers’ Compensation Attorney From Munley Law
When an accident occurs resulting in injuries, your employer and their insurer might see you as a liability, subjecting you to unfair treatment. This unfair treatment, coupled with the injuries, can lead to mental anguish, pain, and suffering. At Munley law, Allentown, we understand all too well the anguish and impact of injuries sustained as a result of third parties at the workplace. So, if you get injured while working due to the fault of another party, our highly dedicated attorneys will work to ensure justice prevails, and you receive your benefits. You can take a look at our results and client testimonies. Feel free to give us a call toll-free, email, or live chat anytime, and we’ll schedule a free consultation.
What Is A Third-Party Claim?
A third-party claim is a petition you can file due to damages and injuries you’ve sustained while dispensing your duties at your workplace as a result of another party’s actions and behaviors—most of the time, these actions are negligent and careless.
Workers’ compensation law bars you from filing a personal injury claim against your employer due to a work-related injury. Nonetheless, you have the right to file a claim against any third party, so long as they are neither your employer, boss, or co-worker.
Third-party claims go that extra mile that you need to recover damages other than those covered under workers’ compensation, such as pain and suffering, loss of consortium, and punitive damages.
Examples of third party negligence claims related to a workplace injury include:
- The driver of another vehicle, if you were hurt in a car or truck crash on the job
- The manufacturer of your machinery or equipment, if that machinery malfunctions and causes a serious injury
- The owner of hazardous or unsafe property, if hazardous conditions caused you to get hurt while working
An Allentown Workers’ Compensation Attorney From Munley Law will Prove Your Case
Third-party claims are complex and may sometimes drag on, especially in the absence of experienced and knowledgeable Allentown workers’ compensation lawyers from Munley law. In Allentown, filing for a third-party claim isn’t a guarantee that you’ll automatically win and receive compensation. Instead, the court needs proof of certain factors. Factors that will give your attorneys the upper hand and provide an airtight case.
These elements include;
- Duty of care
Firstly, an Allentown workers’ compensation attorney from Munley Law must prove duty of care. In other words, the third party had a responsibility to exercise extreme caution to avoid and prevent any accident from happening. For instance, the driver that hit you this morning while driving your boss to work should’ve taken the proper precautions such as using their indicators properly to avoid hitting you.
- Breach of duty
Secondly, your attorney must prove the third party breached their duty of care. This means there has to be a clear violation of the duty of care that resulted in the sustained injuries. Your attorney will prove that the driver who hit you violated certain traffic laws, such as driving under the influence, causing the accident.
- Cause and effect
The next step is to prove the third party’s actions, or a lack thereof directly resulted in the damages. Your workers’ compensation attorney from Munley Law must prove that driving under the influence caused the accident that resulted in your severe injuries.
- Damages and losses
The accident happened, but did you sustain any injuries? Did you lose your job as a result of the accident? What costs did you incur after the accident? It’s up to the able Allentown workers’ compensation attorneys from Munley Law to prove all the damages and losses that resulted from the accident.
Our results are evidence enough. Allentown’s workers’ compensation attorneys from Munley Law have the expertise and know-how to prove, beyond any reasonable doubt, all these elements to ensure you recover all the damages and get maximum compensation.
What Qualifies As Third-Party Injuries In Allentown?
Daily, workers interact with other folks who aren’t their co-workers or use various tools and equipment from different manufacturers. Maybe as a chauffeur, you intermingle with other drivers while on the road, construction workers use various excavating tools or the food truck’s delivery guy from across the street. All these can contribute to various degrees of injuries at the workplace.
Some typical third party injuries at the workplace include;
- Motor vehicular and other traffic accidents
- Use of lawed products due to flawed design, manufacturing imperfection or scant warnings or a lack thereof
- Exposure to toxins and other poisonous substances
- Construction site accidents
- Property liability due to owner’s negligence such as an animal bite
- Slips and falls
- Animal attacks at the workplace, such as escaped animals from the zoo
Right Of Subrogation In Allentown
According to Allentown laws and statutes, your employer has a right of subrogation.
What does this mean?
If you get injured in the workplace, an Allentown workers’ compensation attorney from Munley Law can file and win a workers’ compensation claim on your behalf. Even if you are already receiving workers’ compensation, you may file a third-party claim. However, if your third party claim is successful, your employer and their insurance company are entitled to recoup the money they dispensed in workers’ compensation benefits.
The purpose of this law is to prevent a “double recovery” for the same injury, to prevent employers from being held financially responsible for the negligence of another person or company, and to prevent the negligent third party from escaping liability for their actions.
If you are unsure whether it is in your best interest to pursue a third party claim, your Allentown workers’ comp attorney will help you understand the costs/benefits and help you decide how best to proceed.
Allentown’s Statute Of Limitations On Third-Party Claims
After your work injury, you must report it to your employer within 120 days in order to receive benefits. There is also a limited window of time in which you may file a third party claim. This period is known as the statute of limitations.
According to PA’s Laws; 42 PA Cons Stat § 5524 (2014), the statute of limitations for all personal injury suits gives you two years from the date of your injury to file a third party claim in court. Failure to abide by this law may result in the inability to pursue a claim.
The Costs Of A Third Party Claim In Allentown: We Get Paid When You Get Paid
Work-related injuries can lead to life-long pain and suffering, loss, and mountains of bills. The bills aren’t burdening enough, and adding legal fees to the pile might be the straw that breaks the camel’s back.
Allentown’s Munley Law workers’ compensation attorneys understand such situations all too well. After all, we have represented a deep pool of clients who have sustained third-party work injuries and damages. Having said that, at Munley law, our goodwill begins with a free consultation. We don’t charge a dime until you win your case and receive compensation. In short, we collect our legal fees only when you receive compensation. Otherwise, you owe us nothing.
That sounds good, right? Now, why don’t you go ahead and contact Allentown workers’ compensation attorneys at Munley law, explain your case, and hear what we can do for you?
Sustained A Third-Party Work-Related Injury? Allentown Workers’ Compensation Lawyers From Munley Law Will Get You Compensated
No two third-party claims are the same, whether the damages are similar. Similarly, compensation laws vary by state, each having a unique workers’ compensation settlement calculation formula. Nonetheless, the common factors involved in calculating these settlements include;
- The state’s laws governing fault and negligence
- The investigation’s report that determines the cause and circumstances of the injuries
- The nature and scope of all damages
However, Allentown follows the modified comparative fault rule that states the injured party can only recover damages if they have less fault than the third party. For instance, if the investigation discovers you had more than 51% fault in causing that construction site injury that led to your spinal injuries, then you might not recover any damages.
If you get injured and believe that the third party is at fault and you deserve compensation, then talk to Allentown workers’ compensation attorneys at Munley Law. We’ll undertake a professional review of your claim and help you secure compensation.
Steps To Take In The Event You Get Injured At Work In Allentown As A Result Of A Third Party
There’s no telling how, when, or where a work-related injury can occur; they occur despite the safety measures put in place at the workplace. However, it’s crucial that you immediately take certain steps after the occurrence of a third party injury at work;
- Act in haste and report the injury to your supervisor or the party in charge. Make the report in writing as it will come in handy when filing the claim
- Keep calm and adhere to all Occupational Safety and Health Administration (OSHA) guidelines. These guidelines also require your employer to report back any injuries at the workplace
- Adhere and follow all your work place’s emergency and injury protocols
- Document the injuries and accident site by taking photographs, any CCTV footage, and witness accounts, but only if you are fit enough to do so
- Seek medical help
- Notify an Allentown workers’ compensation attorney from Munley Law.
The complexity and legalities involved in third-party claims require legal counsel’s representation.
The Third-Party Wants To Settle Out Of Court, Seek Advice From Munley Law Workers’ Compensation Attorneys
After an injury at work, there’re instances where the two parties decide to settle out of court, maybe to save time and resources. While the law allows such methods of arbitration and out of court settlements, Munley Law workers’ compensation attorneys advise against it because;
- No guarantee settling the claim between you and the third party, without the presence of an attorney from Munley law, will be done within the parameters of the law
- An Allentown workers’ compensation attorney from Munley Law will guide and help you understand your rights and responsibilities in the claim, and
- The workman’s compensation attorney will fight for a much higher compensation package.
Therefore, regardless of the circumstances, the severity of the injuries, scene of the accident, or reason for the haste settlement, seek an address from Munley workers’ compensation attorneys. If you choose an out-of-court settlement and arbitration, then let the attorney make the negotiations on your behalf.
An Allentown Workers’ Compensation Attorney With The Highest Possible Ratings From Martindale-Hubbell
You don’t have to endure and live with injuries sustained at work in Allentown due to third parties. With legal representation from Allentown workers’ compensation counsel at Munley Law, you have a good chance of filing a third-party claim and receiving maximum compensation.