Allentown Work Injury Lawyers: Munley Law Personal Injury Attorneys Will Help With Third-Party Claims
Work-related injuries can be catastrophic and disastrous. You can sustain long-term injuries or permanent disability as you carry out your daily duties at your workplace. If you get hurt at work in Allentown, you have the right to file a workers' compensation claim. However, workers' compensation might not be enough to cover all of your economic and non-economic losses. In many cases, you may be entitled to pursue third party claim damages in addition to your workers' compensation benefits.
If you get injured at work due to another person'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 file a workers' compensation claim and also take action against the at-fault driver and their insurer. Likewise, if you were injured by a faulty piece of equipment on a construction site, you may be able to pursue a third party case against the equipment manufacturer. At-fault third parties may include a manufacturer, driver, company, property owner, 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.
What Is A Third-Party Claim?
If a work-related injury was caused by someone other than an employee or their employer, the injured worker can pursue an independent personal injury lawsuit known as a third party claim against the at-fault person or company.
In Allentown, workers' compensation law bars you from filing a personal injury claim against your employer due to a work-related injury. Instead, workers' compensation insurance exists to cover work-related injuries sustained during the course and scope of your job. However, you have the right to file a claim against any third party, so long as they are neither your employer or co-worker.
Third-party claims can provide the extra compensation that you need to recover damages other than those covered under workers' compensation. While workers' comp covers medical bills and lost wages, a third party claim can allow you to collect compensation for 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
How Can You Prove Fault in a Third Party Claim?
Be aware that not all work injury lawyers handle third-party claims. Some attorneys exclusively practice workers' compensation law and do not have the experience or the expertise to handle a personal injury liability case successfully. While workers' compensation claimants do not need to prove negligence to collect their benefits, the same is not valid for a third party liability claim.
Third-party claims are complex and require an experienced and knowledgeable Allentown workers' compensation lawyer from Munley Law Personal Injury Attorneys. In Allentown, filing for a third-party claim doesn't guarantee that you'll automatically win and receive compensation.
To prove negligence and bring your case to a successful resolution, the injured party must provide proof of certain conditions. This is where an experienced injury lawyer at Munley Law Personal Injury Attorneys can help. These elements include:
Duty of care
First, an Allentown workers' compensation attorney from Munley Law Personal Injury Attorneys must prove that the defendant owed a “duty of care.” In other words, the third party had a responsibility to exercise reasonable caution in order to avoid and prevent an accident from happening. For instance, the driver who hit you this morning while you were making a delivery for work should have taken the proper precautions such as using their turn signals, maintaining a safe speed, and paying attention to the roadway.
Breach of duty
Second, 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, and thereby caused the accident.
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 Personal Injury Attorneys 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 miss time from work or lose your job as a result of the accident? What costs did you incur after the accident? Your team of Allentown workers' compensation attorneys from Munley Law Personal Injury Attorneys will calculate the full amount of damages you have suffered to obtain maximum compensation for you.
What Qualifies As Third-Party Injuries In Allentown?
Many different types of accidents and injuries may result in a third-party claim. Some typical third party injuries at the workplace include;
- Car accidents, truck crashes, and other traffic accidents
- Use of faulty products due to flawed design, manufacturing imperfection, insufficient or absent safety warnings. For example a warehouse worker in Allentown using a defective machine.
- Exposure to toxins and other poisonous substances, such as an Allentown healthcare worker being exposed to a toxic substance.
- Construction site accidents
- Property liability due to owner's negligence, such as an animal bite
- Slips and falls on poorly maintained property
Right Of Subrogation In Allentown
According to Pennsylvania laws and statutes, your employer and their insurer have a right of subrogation.
What is the right of subrogation?
If you get injured in the workplace, an Allentown workers' compensation attorney from Munley Law Personal Injury Attorneys can help you file a workers' compensation claim. Even if you are already receiving workers' compensation, you may also file a third-party claim with the help of a personal injury lawyer. 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. This is known as the right of subrogation.
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.
In many cases, the recovery in a third-party claim can exceed the amount paid in workers' compensation. However, this is not always the case. If you are unsure whether it is in your best interest to pursue a third party claim in addition to your workers' compensation, 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 workers' comp 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 lifelong pain and suffering, loss, and mountains of bills. In addition to the cost of your past and future medical treatment, you may be facing disability, months missed from work, and reduced earning capacity. You shouldn't have to worry about the cost of obtaining justice.
The Allentown workers' compensation attorneys at Munley Law Personal Injury Attorneys understand such situations all too well. After all, we have represented thousands of clients who have sustained third-party work injuries and damages. Having said that, at Munley Law Personal Injury Attorneys, 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 standard fee only when you receive compensation. Otherwise, you owe us nothing.
The road to recovery begins with a free consultation. Call today for a risk-free consult with a lawyer to find out more about your legal rights and options.
FAQs About Third Party Work Injury Claims in Allentown
Q: How much can I be compensated with a third party claim?
The exact amount of compensation you receive will depend on several factors, including the extent of your injuries, cost of past and future treatment, the extent to which the injury has altered your life, and the pain and suffering you have endured, as well as the available insurance coverage on the part of the defendant. Often, the compensation from a third party claim is greater than that which you would receive from a workers' compensation claim.
Q: What if I was partially at fault for the accident?
No two third-party claims are the same. 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 Personal Injury Attorneys. We'll undertake a professional review of your claim and help you secure compensation.
Q: What should I do if I 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 quickly 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.
- Seek medical treatment as soon as possible
- Adhere to all Occupational Safety and Health Administration (OSHA) guidelines. These guidelines also require your employer to report on 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, request any CCTV footage, and witness accounts, but only if you are well enough to do so.
- Notify an Allentown workers' compensation attorney from Munley Law Personal Injury Attorneys.
The complexity and legalities involved in third-party claims require legal counsel's representation.
Q: What should I do if the third party wants to settle out of court?
Do not accept an offer of settlement before consulting with a lawyer. By accepting a settlement offer, you waive your right to seek additional compensation, even if your condition becomes worse.
After an injury at work, there are 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 Personal Injury Attorneys workers' compensation attorneys advise against it because you are unlikely to receive fair, full compensation without a legal representative on your side. We are prepared to take your injury case to court if no satisfactory settlement offer is made.
Q: How can I choose the right lawyer to handle a third party workers' comp claim?
When it comes to third party work injury claims, you choice of attorney matters. While many workers' comp lawyers are well versed in workers' compensation law and can help you claim your benefits, not all comp lawyers know how to handle a liability claim against a third party. This takes the expertise of an attorney who knows how to successfully handle complex personal injury matters (and take them to trial if necessary) as well as how a personal injury lawsuit will affect any active workers' comp claims. The attorneys at Munley Law Personal Injury Attorneys have decades of experience handling both workers' compensation claims as well as third party personal injury claims for workers in all types of industries.
An Allentown Workers' Compensation Attorney With The Industry's Highest Ratings From Martindale-Hubbell
When your livelihood and financial future are at stake, your choice of attorney matters. The workers' compensation and personal injury lawyers at Munley Law Personal Injury Attorneys have decades of experience handling complex cases against powerful companies and winning massive recoveries for our clients. We have been listed in Best Lawyers in America, Best Law Firms, Pennsylvania Super Lawyers and more. And, our attorneys have earned the highest possible “AV-Preeminent” peer and client ratings from the prestigious Martindale-Hubbell. When it matters most, Munley Law Personal Injury Attorneys is the firm you can trust to fight for you.
Munley Law Personal Injury Attorneys
609 Hamilton St
Allentown, PA 18101
(610) 857-7424
