When Charlotte workers suffer injuries at work, they can claim their workers’ compensation benefits from their employer or their insurance carrier. However, in some cases, employees can also file a 3rd party liability claim. The liability of third parties may arise if an individual or a company other than your employer is the cause of the accident.
Who Are the Potential 3rd Party Defendants?
3rd party defendants are individuals or entities who are separate from your employer. They can be anyone depending on your nature of work. The extent of their liability depends on the damage they have caused you. Here are examples of third parties that you may encounter at work.
- Product Manufacturers
If a certain defective product is the cause of the workplace injury, the manufacturer of the product may be held liable especially if faulty manufacturing causes the defect of the product. For example, you may suffer a serious hip injury when you fall from the chair you are sitting on. If the accident was due to the defective chair, you can file a 3rd party claim against the product manufacturer.
- Drunk Drivers
If your work requires you to be on the road and you were accidentally hit by a drunk driver, you may also file a 3rd party claim against the driver. The claim may require the driver or his/her insurance carrier to provide full compensation for your medical bills.
If you are offering home services and you suffer an injury due to the homeowner’s negligence, a 3rd party claim may be filed. The claim may require the homeowner or his/her insurance carrier to cover for your lost wages.
Why NC Workers Should File a Third-Party Worker’s Compensation Claim
A Workers’ Compensation claim has limitations in what it covers. Employees can file a separate 3rd party claim to receive additional compensation that is not provided in their workers’ compensation benefits.
- 3rd Party Claims Allow You to Select Your Own Doctor
Your workers’ compensation coverage would only include your medical bills if a medical practitioner chosen by your employer or their insurance carrier treats you. However, with 3rd party claims, you can choose your preferred doctor.
- 3rd Party Claims Provide Full Compensation of Your Supposed Earnings
Injured employees also receive workers compensation of their lost wages through their workers’ compensation benefits. However, the compensation is not usually full. With 3rd party claims, full compensation of supposed earnings is given to the injured employee.
- 3rd Party Claims Provide Compensation For Your Damaged Property
If your own property is damaged due to the accident, a 3rd party claim can be resorted to for additional compensation. For example, if your car is damaged due to a third party’s negligence, 3rd party claims may cover for the repair cost.
- 3rd Party Claims Can Indemnify You For Your Pain and Suffering
3rd party claims can provide compensation for your inconvenience, distress, pain, and suffering. It can even recover damages for the loss of the enjoyment of life and activities that the injured Charlotte, NC employee has suffered due to the workplace accident. Your workers’ compensation benefits do not cover these losses.
What Is the Difference Between 3rd Party Liability Claims and Workers’ Compensation Claims?
If your 3rd party liability claim is proved, you may be able to receive more compensation than what you can get from your workers’ compensation claim. 3rd party claims are not limited by law, so you can get full coverage of your lost income. Your workers’ compensation claim does not provide compensation for your pain, suffering, and emotional distress but your 3rd party claim might. Learn more about workers compensation here.
Why You Need a Charlotte, NC Personal Injury Lawyer for Your 3rd Party Claim
If proved, a 3rd party claim can be a big help for injured Charlotte workers. However, 3rd party claims can be difficult to prove. You have to gather evidence to prove that the injuries you have is due to the negligence of a 3rd party. A Personal Injury lawyer can give you a higher chance of winning your 3rd party claim.
What to Look For in a Charlotte, NC Personal Injury Lawyer for Your 3rd Party Claim
Charlotte, NC has plenty of Personal Injury lawyers who can help you pursue your 3rd party claim. However, you may find it hard to choose which lawyer is good for your case. Here are some tips that can help you in hiring your Charlotte, NC Personal Injury lawyer:
- A Charlotte, NC Personal Injury Lawyer Knows How to Listen
Your lawyer should be someone who will listen to your story. Your story-telling session with your Charlotte, NC lawyer might already give him an idea on how to handle your case. A Personal Injury lawyer should know how to listen, so that important details that are useful to your claim will not be missed. Your lawyer must be able to narrate your story properly in order to win your case.
- A Charlotte, NC Personal Injury Lawyer Focuses on 3rd Party Claim Cases
Some lawyers try to handle different types of cases. Your Personal Injury lawyer must be equipped with the necessary skills in defending your claim. His focus should be on defending employees with 3rd party claims.
- A Charlotte, NC Personal Injury Lawyer Is Knowledgeable and Experienced with Liability Claims
The legal system of Charlotte, NC is very diverse. Charlotte workers should find a lawyer who has a considerable experience in handling 3rd party claims. A dependable Personal Injury lawyer must have a solid and reliable track record.
- A Charlotte, NC Personal Injury Lawyer Has an Effective Network of Resources
Personal injury lawyers may have to hire medical professionals, accident reconstruction experts, and vocational rehabilitation specialists for purposes of investigation. Having an adequate network of resources will help your lawyer fully prepare your case.
- A Charlotte, NC Personal Injury Lawyer Works On a Contingency Fee Agreement
Most Personal Injury lawyers in Charlotte, NC work on a contingency fee basis. A lawyer who works on a contingency fee basis agrees to receive only a percentage of the recoverable amount once the 3rd party claim is settled or won. At Collier Law, this has been the standard practice. Trey Collier believes that, in all kinds of representation, a client’s best interests should always come first.
Who Is Trey Collier?
Trey Collier is a Personal Injury lawyer who earned his double major in History and Political Science at the University of North Carolina. He went on to receive his Juris Doctorate from Campbell University School of Law. His career began in Charlotte, NC by defending employers and insurance companies in Workers’ Compensation cases. After some time, he realized that he would rather fight for the injured Charlotte workers. Click here to learn more about our team.
Why You Should Choose Trey Collier for Your 3rd Party Claim
Since Trey has defended Charlotte, NC employers and insurance companies before, he knows what they are trying to achieve. He has an extensive knowledge of the labor system and the processes involved in 3rd party claims. Trey has appeared before Deputy Commissioners at North Carolina’s Industrial Commission and North Carolina’s Court of Appeals. He has given talks about the Workers’ Compensation Law in North Carolina.
At Collier Law, We Have the Right Personal Injury Lawyer for Your 3rd Party Claim
If you are looking for a Personal Injury lawyer at Charlotte, NC for your 3rd party claim, you might want to consider Collier Law. Our personal injury lawyer knows how to listen to your story in order to rightfully defend your 3rd party claim. Our firm has a solid reputation in handling liability claims. We will fight defend your cause until true justice is fully served.