How to Prove Negligence in a Third-Party Work Injury Claim | Staver
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How to Prove Negligence in a Third-Party Work Injury Claim

Written by Jared Staver

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Jared Staver is a Personal Injury Lawyer based in Chicago, Illinois and has been practicing law for over 20 years.

Jared Staver

CATEGORY: Personal Injury, Workers' Compensation

When you get hurt at work, it can be really tough. You might not be able to work, and you might have lots of medical bills and other expenses piling up. Sometimes, it’s not just your employer’s fault.

Other people or companies can be responsible, too. This is where third-party liability claims come in. Let’s talk about how you can prove someone else was negligent and get the compensation you deserve.

Understanding Third-Party Liability Claims

When you’re hurt on the job, you could file a workers’ compensation claim. This might help with many of your financial needs as you recover, but it won’t handle all of your damages. That’s why you should consider a third-party liability claim.

What is Third-Party Liability?

Third-party liability means someone other than your employer caused your injury.

For example, if you were working on a construction site and a subcontractor’s equipment malfunctioned, causing you to get hurt, the subcontractor could be held responsible.

This makes the subcontractor a third party, and they can be held responsible for your injuries.

Why Does Negligence Matter in a Personal Injury Claim?

Negligence is when someone fails to be careful and causes harm to another person. To win a third-party claim, you must show that the third party was negligent.

This means proving:

They had a duty to keep you safe.

You have a reasonable expectation to be safe while working, even if you’re in a dangerous environme nt like worksite. The proper precautions should be in place to reduce the chance of harm.

They did not keep you safe.

For whatever reason, an accident happened that caused you injury. Someone’s failure to implement or create a safe working environment resulted in an accident.

Their actions caused your injury.

Because of the accident, you were put in harm’s way. If a general contractor didn’t put proper training protocols in place and someone’s carelessness caused the accident, the GC could be liable for their lack of action.

You suffered physical, emotional, and financial injuries.

You can tie the damages you suffered because of a workplace accident to the liable parties’ inaction or recklessness. Your injuries were caused because of the unsafe work environment.

What Kind of Evidence Works in Third-Party Work Injury Claims?

A variety of evidence can be used to support your work injury claim. As you process your damages, you can start building your case with the help of a Chicago personal injury lawyer.

Investigating the Accident

Right after the accident, it’s important to gather as much information as possible. This can include:

  • Witness Statements: Talk to people who saw what happened and get their contact information.
  • Photos and Videos: Take pictures and videos of the accident scene, your injuries, and anything else relevant.
  • Medical Records: Keep all your medical records and bills. These show the extent of your injuries.
  • Expert Testimonies: Sometimes, experts can help explain how the accident happened and why the third party is at fault.
  • Accident Reports: If there are any official reports about the accident, like a police report, make sure you have copies.

Documenting Damages

You also need to prove how the injury has affected your life. This includes:

  • Medical Bills: Keep all your bills from doctors, hospitals, and any other medical expenses.
  • Lost Wages: If you miss work, keep track of how much money you would have earned.
  • Pain and Suffering: This is harder to prove, but it’s important. Write down how the injury has affected your daily life and emotions.
  • Injury Journal: You can document the different impacts your injury has, such as a change in mobility or way of life.

The Process of Filing a Third-Party Claim

You should contact a personal injury lawyer if you feel you have a case for a third-party liability claim. A lawyer can evaluate your accident and injuries and help you determine your best course of action. Then you can work on filing your claim.

Your Initial Steps

Right after the accident:

  1. Get Medical Help: Your health is the most important. See a doctor right away.
  2. Tell Your Employer: Let your employer know about the accident and your injuries.
  3. Gather Evidence: Start collecting the evidence we talked about.

Working with Your Employer and Lawyer

You can file a workers’ compensation claim with your employer, but you should consider filing a third-party claim. While workers’ comp claims help with some economic losses like medical bills, your third-party claim can cover much more.

It’s best to work with a lawyer who understands these cases. They can help you handle both claims and make sure you get all the compensation you deserve.

Legal Process of a Third-Party Claim

Here are the steps in filing a third-party claim:

  1. Investigation: Your lawyer will investigate the accident to find out who is at fault.
  2. Filing the Claim: They will file a claim with the third party’s insurance company.
  3. Negotiation: Your lawyer will negotiate with the insurance company to get a fair settlement.
  4. Going to Court: If the insurance company doesn’t offer a fair settlement, your lawyer can take the case to court.

Why Should I Hire a Chicago Work Injury Lawyer?

An attorney might seem like a big expense after an injury. However, a qualified personal injury lawyer will work on a contingency basis.  That means you won’t have to pay unless you win a settlement.

Experience in Legal Procedures

A personal injury lawyer knows the ins and outs of the legal system. They can handle all the paperwork and legal steps, helping you keep track of your case.

Negotiating with Insurance Companies

Insurance companies often try to pay as little as possible. A lawyer will fight for your rights and make sure you get the full amount of compensation you deserve.

They Fight for the Maximum Compensation

A lawyer can help you get more money than you might on your own. They know how to calculate all your damages, including things you might not think of, like future medical costs and emotional distress.

Call a Work Injury Lawyer in Chicago

Proving negligence in a third-party work injury claim can be complex, but it’s essential for getting the compensation you deserve.

Gather evidence, document your damages, and work with a skilled lawyer who can guide you through the process. If you’ve been hurt at work and believe a third party is responsible, contact Staver Accident Injury Lawyers today for a free consultation.

Call (312-236-2900 or fill out our online form to get started today.

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(312) 236-2900
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