What are Third-Party Claims?
Third-party claims are Liability claims filed by an injured party against a third party responsible for their injuries. These claims typically arise in situations where the claimant holds the defendant responsible for injuries, losses, or damages caused by someone else’s actions or negligence.
According to the Legal Information Institute (LII) at Cornell Law School, a third party claim is “a claim made by a plaintiff against a defendant who, in turn, is legally liable to the plaintiff for all or part of the plaintiff’s claim against a third party,” essentially meaning that claims are made by one person against another person or persons who they believe are responsible for their injuries.
The benefits of third party claims include providing avenues for injured parties to seek compensation from parties legally responsible for their losses or injuries, even if those parties are not directly involved in causing the harm. However, navigating third party claims can be complex, requiring thorough documentation, evidence of liability, and understanding of legal principles governing liability and indemnification. Understanding third party claims is essential for insurers, and individuals involved in personal injury, insurance coverage disputes, and indemnity agreements to ensure fair resolution of claims and protection of legal rights and obligations.
More information about Third-Party Claims
Reading Workers’ Compensation and Third Party Claims
What is a Third Party Claim?
Workers’ compensation claims are specific to your employer’s workers’ compensation insurance and only cover your medical bills and lost wages. If you qualify for specific loss or death benefits if you are a dependent of a loved one who has lost their life due to a work injury, those are covered as well by workers’ comp insurance.
When you file a third-party personal injury claim, however, you can receive financial compensation for damages such as:
- Pain and suffering related to the injury or illness
- Wrongful death and loss of consortium in the event of a fatal injury or disease
- Cost of mental health treatments
- Punitive damages, ie financial damages designed to punish the responsible party for their recklessness or negligence
If your injury or occupational disease was caused by someone other than a co-worker or your employer, […]
Read MoreMore information about Third-Party Claims
Allentown Workers’ Compensation and Third Party Claims
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’ […]
Read MoreMore information about Third-Party Claims
What Is the Difference Between a First-Party and Third-Party Claim?
When you are involved in an accident, you may wonder where you’ll get the compensation needed to recover. Is it your insurance who foots the bill or the other parties who may be at fault? Further, can you still file a lawsuit if you have insurance? First-party and third-party insurance claims are similar in what you can recover in many ways–the key difference is in who is held liable.
Here is what you need to know about first-party and third-party insurance claims.
What Is a First-Party Claim?
In essence, a first-party insurance claim is one where you as the victim of an accident or injury make a claim against your insurance. This means you’ve paid and have an insurance policy for such events and will recover compensation from that policy.
If you have insurance, […]
Read MoreMore information about Third-Party Claims
Can I Sue Workers’ Comp for Pain and Suffering?
Exploring Pain and Suffering Workers Comp Claims
After a job injury, there can be damages beyond the physical. If you’re wondering “Can I Sue Workers’ Comp for Pain and Suffering?,” the short answer to this important question is no. The Pennsylvania Workers’ Compensation Act does not allow employees to collect damages for pain and suffering after a workplace accident. According to the law, workers may only collect workers’ comp benefits for medical expenses and lost wages.
However, even though an employee cannot recover pain and suffering damages through workers’ compensation, there are still legal options they should explore. There are certain situations where a worker can file a third-party claim against another party or parties who were responsible for your work-related injury. For example, if you are a construction worker and suffer a work injury due to the negligence of the general contractor, […]
Read MoreMore information about Third-Party Claims
Wilkes-Barre Workers’ Comp and Third Party Claims
Wilkes-Barre workers’ comp and third party lawsuits: how a workers’ comp attorney can help
What should you do if you were injured at work in Wilkes-Barre or Luzerne County, Pennsylvania? What if a contributing cause was that a piece of equipment was faulty or malfunctioned? You might submit a claim under the guidelines of Pennsylvania Workers’ Compensation. However, the amount awarded may or may not cover all the medical and related expenses incurred when you could not work. How would you find funds to cover the additional costs? A third-party lawsuit against the equipment manufacturer might be the answer.
Our Wilkes’ Barre workers’ comp lawyer could provide wisdom and guidance in such a situation. Our workers’ comp lawyers have received many awards and have been highly ranked by client and peer reviews from Martindale-Hubbell. Munley Law began protecting workers’ rights to compensation for on-the-job injuries in 1959. […]
Read More
