What are third party workers' compensation claims?

Third party claims are legal actions workers can take against parties other than their employer if those parties are responsible for their injuries. These claims can arise when an employee's work-related injury or illness is due to the actions or negligence of a party such as the manufacturer of faulty equipment, another driver in a work-related car accident, or a subcontractor whose negligence causes harm. A third party injury claim gives you the opportunity to seek compensation beyond the scope of standard workers' compensation benefits, which typically cover medical expenses and a portion of lost wages. Where applicable, these legal actions offer a pathway to recover financial compensation for your pain, suffering, and other non-economic losses not covered under workers’ compensation benefits.

How do third party claims differ from regular workers' compensation claims?

Standard workers' compensation claims are designed to provide a quick and secure method of obtaining financial assistance for injured workers without the need to prove fault. These benefits typically include medical treatment and compensation for lost wages but are limited. Workers’ compensation benefits do not, for example, cover non-economic damages such as pain and suffering. In contrast, third party claims are filed in civil court against non-employer entities whose negligence contributed to the worker's injuries, potentially allowing for a full range of damages, including total loss of wages, future medical treatment, and pain and suffering.

What should I do if I am involved in a third party accident at work?

If you are involved in a third party accident at work, it is vital to take several steps to protect your legal rights: Seek medical attention immediately: Document the incident and your injuries: Report the accident: Consult a Miami third party claims lawyer for guidance: It's crucial to contact a skilled attorney with experience successfully recovering money damages for third party workers' compensation claims to help you explore all of your legal options.

How long do I have to file a third party claim in Miami?

In Miami and elsewhere in Florida, the statute of limitations for filing personal injury claims, including third party workers' compensation claims, is typically two years under the updated Consulting with a third party injury claim attorney in Miami, FL, as soon as possible is advisable to avoid missing critical deadlines and ensure that evidence is preserved. Delaying action can complicate your case and potentially limit your ability to achieve full and fair compensation for your situation. Consulting with an experienced attorney shortly after your accident can help you understand specific deadlines and required actions.

Miami Third Party Claims Lawyer | Third Party Injury Claim Attorney Miami, FL

Third Party Injury Claim Attorney in Miami, FL, Navigating Complex Cases in Miami-Dade County, Broward County, Palm Beach County, and Throughout Florida

Third party workers' compensation claims are complex matters that require extensive legal knowledge and plenty of experience to navigate successfully. Unlike standard workers' compensation claims, which typically involve an employee and employer, third party claims involve an additional party who could be responsible for an employee's injury or illness. In this intricate legal landscape, having a proficient Miami third party claims lawyer is crucial. Orlando R. Murillo, P.A.’s legal experience helps ensure that the rights of injured workers are protected while pursuing rightful compensation from all liable parties.

Understanding Third Party Workers' Compensation Claims

Third party workers' compensation claims arise when an employee is injured by the negligence of a party other than their employer.

In different types of workplace settings, several third parties could potentially be responsible for injuries. Examples of a third party who could be responsible for your work-related injuries and against whom you may have a claim for compensation include:

Equipment manufacturers: If a worker is injured due to defective or unsafe equipment, the manufacturer of that equipment can be sued for damages. In some instances, you might have grounds to seek compensation from the assembler, installer, or seller of defective machinery or equipment.
Subcontractors: When multiple contractors work at a site, and one subcontractor's negligence causes you harm, they can be held liable.
Property owners: A property owner who failed to maintain a safe environment while you were performing work on their property could be held liable if the poor conditions or lack of maintenance of their property leads to injury.
Vehicle drivers: If another driver is at fault for an auto accident that caused you injuries while you were on the job, you may be able to sue that driver separately from any workers' compensation claim.
Service providers: Companies that fail to maintain safe environments or equipment, such as cleaning services or maintenance contractors, can also be liable for injuries.

Third party claims differ from standard workers' compensation claims between the employee, the employer, and the insurance company that provides the employer’s workers’ comp benefits. There are advantages to pursuing a third party claim if you have the grounds to do so. By suing third parties, injured workers can be compensated for damages that go beyond what workers' compensation would typically cover, such as pain and suffering and potentially punitive damages.

Although fault for the accident doesn’t matter in workers’ compensation claims between the employee and employer, establishing the other party’s fault is essential in a third party claim. For that reason, third party work injury cases often involve detailed investigations and require a deep understanding of both personal injury and workers' compensation law. Fortunately, Orlando R. Murillo is a third party injury claim attorney in Miami, FL, with extensive knowledge of both of these areas of legal practice.

Why Choose Orlando R. Murillo, P.A.?

Successfully navigating third party workers’ compensation claims requires strategic legal decisions and acumen that only experienced attorneys can provide. Orlando R. Murillo, P.A. stands out in handling third party workers' compensation claims. The firm's extensive experience and proven track record of success in these complex cases assure potential clients that their case is in capable hands.

As a seasoned Miami third party claims lawyer, Orlando Murillo brings a comprehensive approach to each case. His credentials, dedication, and strategic methods in handling third party claims have consistently led to favorable outcomes for his satisfied clients.

The Legal Process for Third Party Workers’ Comp Claims

The legal process for handling a third party workers' compensation claim can be intricate and varies significantly from case to case.

Generally, the process of suing a third party for a work injury involves several phases:

Evaluation: Through an initial case evaluation, a knowledgeable third party injury claim attorney in Miami, FL, can identify all potential third party claims and understand the circumstances of the incident.
Filing claims: When your work injury involves an entity other than your employer, your Miami third party claims lawyer must prepare and file claims against all negligent parties, not just the employer.
Negotiation: Your attorney will handle negotiations with all relevant insurance companies and parties to secure a fair settlement.
Court proceedings: If a settlement cannot be reached, the case may go to court. Your lawyer will represent you and your interests in legal proceedings where detailed legal arguments and evidence presentations are crucial.

Throughout each of these phases, having a skilled third party injury claim attorney in Miami, FL, is essential for navigating the legal process and advocating for the maximum compensation possible in your circumstances.

Put Your Case in the Capable Hands of Our Miami Third Party Claims Lawyer

If you or a loved one has been involved in a workplace accident involving a third party in Miami, don't hesitate to reach out to Orlando R. Murillo, P.A. for a free consultation. As a dedicated Miami third party claims lawyer, Orlando Murillo can provide the guidance and representation needed to secure the compensation you deserve.

Contact us online or call 786-891-5842 today to schedule your free consultation and take the first step towards preserving your legal rights and securing your future.

Miami Third Party Claims Lawyer