Third-Party Work Injury Claims in Delaware
A serious accident at work can change the course of your life. Debilitating head, neck, or spine injuries, amputations, and exposure to toxic chemicals impair your health in ways that are difficult to fully recover from. In some cases, accidents are just that – accidents. Maybe no one is at fault.
But for some injured workers, their pain and suffering could have been prevented with properly inspected or manufactured tools and equipment, smart safety practices, or other people being well trained.
In the state of Delaware, injured workers are entitled to receive benefits through Workers’ Compensation claims. These benefits are intended to cover the medical expenses and lost income associated with a job-related injury or illness.
Some employees may not be aware that depending upon the circumstances surrounding their injuries, they may also bring a third-party liability claim if another person’s negligence or recklessness caused them harm.
Third-Party Claims vs Workers’ Compensation Claims
Third-party claims differ from Workers’ Compensation claims in a few key ways:
- Whereas Workers’ Compensation claims are no-fault, third-party liability claims require the injured victim to prove the third party’s fault.
- In Workers’ Compensation claims, the employer is responsible for paying out benefits to the injured worker. With third-party liability claims, the person or business at fault is a completely separate entity from the employer.
- Workers’ Compensation benefits are designed to cover medical expenses and lost wages for a worker whose injuries or illness keeps them from earning income. Third-party liability claims allow plaintiffs to sue for pain and suffering as well.
Types of Third-Party Liability Claims for Workplace Injuries
Victims of on-the-job accidents may not be clear about what type of injuries may warrant a third-party liability claim. Examples of some of the more common third-party liability claims include:
- Car accidents
- Defective products
- Faulty equipment
- Negligent contractors & subcontractors
- Property hazards
If you believe a third-party other than your employer may have played a part in your work-related injuries, contact a Wilmington workplace injury lawyer at McCann & Wall, LLC for clarification. Because proving liability is essential to your case, remember to keep all documentation regarding every aspect of your accident including photos of the scene, witness accounts, and medical records.
This information will be helpful for both your third-party liability case and your Workers’ Compensation claim.
Also, because there is a statute of limitations on these claims, it is important to get the medical attention you need and seek legal counsel in a timely manner. Unfortunately, any delays in this regard may cause you to miss out on the compensation you deserve to begin the healing process and move forward after a painful accident.
The Wilmington Workers’ Compensation lawyers at McCann & Wall, LLC want clients in Delaware to know that if you become injured at work through a third-party’s negligence, options are available to you. You can file your claim for Workers’ Compensation benefits as well as a third-party liability lawsuit.
Wilmington Workers’ Compensation Lawyers at McCann & Wall, LLC Work to Get You the Compensation You Deserve
The team of expert Wilmington workplace injury lawyers at McCann & Wall, LLC will do whatever it takes to recover the compensation you deserve to pay for your medical expenses, lost wages, and pain and suffering. You can be made whole again after a traumatic work accident. To get started today, call 302-888-1221 or use the online form to contact us today.
We are happy to meet with you in our convenient Wilmington, Delaware location, from which we serve clients throughout Delaware, including Dover, Newark, and Middletown. We also server clients in Philadelphia, Chester County, Delaware County, and throughout Delaware, Pennsylvania, and New Jersey.