Workplace Injury Third Party Lawsuit
The workers’ compensation system has its advantages and disadvantages. If you have been injured on the job, you should be able to receive compensation for your medical expenses without a drawn out legal fight. However, in exchange for this convenience, you waive the right to file a lawsuit against your employer except in the most egregious cases of negligence.
Despite this, you still have the right to file claims against negligent third parties. A third party is a person or entity other than your employer that played a role in your injury. To learn more about winning compensation from a careless party, call the Des Moines workers’ compensation litigation lawyers of LaMarca Law Group, P.C. at 877-327-2600.
Third Party Defendants
The defendant in a third party claim will be an individual, business, or government agency that caused you to suffer an injury at work. Some of the most common examples are:
- The manufacturer of defective tools or equipment
- A negligent employee of another company that worked with you
- The owner of the property on which your injury occurred
How It Works
A third party lawsuit is similar to any other kind of personal injury claim. Unlike a workers’ compensation claim, it will be settled in a civil court, not through your employer’s insurance or through the workers’ compensation commission. With the assistance of your Des Moines third party negligence attorney, you will need to demonstrate that:
- The defendant owed you a duty of care.
- He, she, or it failed to meet that duty.
- This negligence directly caused your injuries.
- Your injuries are bad enough to justify compensation.
If your claim is successful, you can receive financial compensation from the negligent third party in addition to your workers’ compensation.
The Des Moines workers’ compensation attorneys at LaMarca Law Group, P.C. handle each case with dedication and extensive legal knowledge. Contact our offices at 877-327-2600.