What is a Third Party Claim?
Third Party Injuries in the workplace are the result of accidents caused by someone other than your employer or co-worker. If you have been injured on the job at the fault of someone else’s actions or negligence, you may be entitled to compensation through a Third Party L&I Claim. An Emery Reddy Attorney can guide you through the process of bringing a claim against a third party for your workplace injury.
While injured employees do not have the right sue employers or co-workers under Workers’ Compensation Law, third parties may still be held accountable for negligence. If your work injury was the result of another party’s actions, or if you were hurt at an off-site job location, you may have the right to seek additional benefits through a third party claim.
If you have been injured by a third party, take immediate action – call an Emery Reddy attorney today. A delayed claim could result in the loss of your right to recover losses from a third party, so prompt legal action is required for additional compensation. An experienced Seattle Third Party Claim attorney will provide legal guidance, completing the claims process as smoothly as possible. Call Emery Reddy today for a free consultation.
Commonly Liable Third Parties
the driver of a car that hit you while you were working.
the manufacturer of a defective product that injured you.
the property owner who failed to maintain the building where you were working when you were injured.
the owner of the animal that bit you.
Third Party Claims Process
Step 1. Contact an attorney right away.
Don’t be led astray; only a lawyer can advise you of your legal rights. When filing a third party claim, every second counts – contact an Emery Reddy attorney promptly to avoid missing important deadlines for your case.
Step 2. Before you talk to an insurance company…
Consult with an attorney to discuss your rights. Insurance companies are experts at minimizing their liability costs, sometimes at the expense of the victim. Let an attorney advise you against making a statement that the insurance company can later use against you.
Step 3. Before you fill out this form…
Know your rights as an injured worker. You have options as a victim of third party negligence, so talk to your attorney to determine the best course of action for you.
A. You DO wish to take legal action yourself.
Selecting Option A on the third party claim form indicates your desire to work with an attorney to seek damages for your injury. Your Seattle Third Party Claims Attorney will help you complete the form, notify The Department of Labor and Industries when the lawsuit has been filed, and handle case details and updates on your behalf.
B. You DO NOT wish to take legal action yourself.
Option B indicates that you do not wish to take legal action yourself, but you wish to have the Department of Labor and Industries seek compensation on your behalf. After legal costs, you would be entitled to a portion of any recovery made by L&I. Although by choosing option B you are requesting that L&I take legal action against the third party, they may decline to do so. We highly recommend consulting an attorney (who is bound by law to act in favor of your best interests), rather than entrusting your case to L&I.
C. You do not believe a third party is responsible.
Choosing Option C means you do not feel that your work injury was the caused by a third party. We advise that all injured workers consult a third party injury attorney before making any judgments regarding the nature of their accident. Third party liability is difficult to determine with certainty without comprehensive legal training. An experienced and dedicated legal representative from Emery Reddy will fight aggressively for your best interests in order to earn clients the maximum possible settlement.
Appeal a Denied Claim
If your third party claim was denied by the Department of Labor and Industries, call Emery Reddy. Our third party claim attorneys have a winning reputation for protecting the injured and disabled, and we’d be proud to appeal a claim on your behalf.
The Third Party Claims Process: What You Need to Know
Failure to return the L&I Third Party Form could cost you your rights.
If you do not indicate your preferred course of action on the L&I form, your case could be automatically assigned to the Department of Labor and Industries. This would mean the loss of your right to pursue third party recompense with your own attorney.
You still receive benefits during a third party suit.
When seeking third party damages, the Department of Labor and Industries cannot stop payment of your medical benefits until a settlement is reached awarding you third party compensation.
If you receive a financial settlement through action with your attorney:
You and your attorney must report the amount of any settlement to the Department of Labor and Industries. Upon receiving a third party settlement, you are responsible for repaying any L&I claim benefits you may have received. However, your attorney can assist you in negotiating the refund amount for which you are responsible.
Once reaching a third party settlement, funds are distributed according to Washington State mandate: the law divides the funds between you, your attorney, and reimbursement for L&I or a self-insured employer.
Depending on the amount awarded in your settlement, payment of Workers’ Compensation benefits may cease permanently or temporarily. An Emery Reddy Attorney will help you determine the payments to which you are entitled.
If you receive a financial settlement through L&I action:
Washington State Law allocates funds differently for settlements reached through the Department of Labor and Industries. If you receive any portion of the recovered funds, there is a significant chance that you will receive less compensation than you would with your own attorney.
Don’t compromise on your level of compensation: call Emery Reddy.
How do Third Party Claims differ from Workers’ Compensation Claims?
State and federal regulations require employers to adhere to a range of safety protocol in the interest of workplace safety. Still, thousands of employees are seriously injured or killed on the job each year. While the extent of damages paid to injured employees is often limited to Workers’ Compensation benefits, too often those funds fail to cover the ongoing costs of a workplace accident.
Unlike Workers’ Comp payments, there is no limit to the amount of compensation an injured worker may seek in third party damages. A Third Party injury settlement may provide additional medical coverage, wage-loss benefits, and begin to cover the pain and suffering of you and your loved ones.
Third Party accident and injury claims may include:
Construction injuries and accidents
Vehicle accidents while performing a job
Injuries on the job caused by a worker in another company’s employment
Injuries at work caused by defective equipment or products
Failure to provide security
Injuries while working on a site belonging to someone other than your employer
Heavy machinery accidents
Sexual harassment or assault
Employers often have access to legal resources and representation that are unavailable to their workers. In order to have a fair fight for your rights as an injured worker, seek the experienced legal counsel from the Seattle Third Party Claim attorneys at Emery Reddy.
We are proud to fight powerful organizations on your behalf, giving you the best chance at a fair work-related injury case settlement. Hold responsible third parties accountable with the Emery Reddy Team.