Understanding Third-Party Claims in Workers’ Compensation Cases

workers comp worker

Workplace injuries can profoundly impact the lives of hardworking employees and their families. Fortunately, the Ohio Bureau of Workers’ Compensation (BWC) provides financial support and medical care to those hurt on the job.

Suppose you were injured while performing your job, but another person or company besides your employer was responsible. As the injured worker, you may be able to pursue a third-party claim in addition to filing for workers’ compensation benefits.

Third-party claims matter, and we explain what they are. We also discuss how a dedicated Cincinnati attorney in workers’ comp can help you pursue a third-party claim to maximize your compensation and recovery.

What Are Third-Party Claims?

In a typical workers’ compensation case, an employer’s insurance provides injured workers compensation for lost wages, medical expenses, and continued rehabilitation. Sometimes, it’s not the employer but a third party who may be responsible for the injury. Examples of third-party claims include

  • Manufacturer of faulty equipment
  • Negligent contractor
  • Reckless driver involved in a traffic accident
  • Someone not employed by your company who commits assault or battery
  • Negligent medical treatment for a work-related injury or illness
  • Exposure to toxins or harmful chemicals

If the incident occurred while you were performing your job or within the score of your work, the person or entity not directly connected to your employer is considered a third party.

A third-party legal action is separate from a workers’ comp case. Third-party claims typically have no state-specific rules or regulations unlike workers’ compensation benefits. The absence of such limits allows injured workers to seek additional compensation for damages like pain and suffering, emotional distress, and diminished quality of life.

Why Third-Party Claims Matter

If a negligent third party is responsible for your work-related incident, you have the right to seek compensation. The following reasons illustrate why a third-party claim matters to your recovery.

Maximizing Compensation

Workers’ compensation benefits may cover certain expenses, but they may not fully compensate for the extent of your injuries and losses. Pursuing a third-party claim can help you secure additional compensation to cover medical bills, lost income, and non-economic damages.

Accountability

Holding negligent third parties accountable helps promote safer workplaces. The potential of third-party claims encourages all companies and individuals to take responsibility for their actions and maintain safe working conditions for everyone they encounter.

Access to a Wider Array of Damages

Workers’ compensation typically covers medical expenses and wage loss. However, third-party claims can also include reimbursement for emotional distress, pain and suffering, and other non-economic damages.

Fairness

Holding liable third parties accountable is a matter of justice. When people or groups not tied to your employer cause or contribute to your injuries, losses, and suffering, it’s only fair that they be held responsible.

How Clements, Taylor, Butkovich & Cohen LPA, Co., Can Help

If you’re pursuing a third-party claim in addition to a workers’ compensation case, you don’t have to do it alone. At Clements, Taylor, Butkovich & Cohen LPA, Co., our team of Cincinnati work injury attorneys can provide the guidance and support you need to navigate this complex process. Our services include:

Thorough Investigation

We will conduct a comprehensive investigation to identify all potentially liable third parties. Our research will also include gathering strong evidence to support your claim.

Expert Legal Representation

You deserve representation that reflects extensive workers’ comp experience, strong communication skills, and compassion for your case. Our attorneys are skilled at negotiating with insurance companies and advocating for your rights to ensure you receive the maximum compensation possible.

Resourceful Legal Strategy

Winning your case requires a strategic plan tailored to the specific details involved in your claim. Our lawyers draw on their experience, knowledge of Ohio workers’ comp law, and resources to build a strong case on your behalf.

Compassionate Support

We understand that recovering from a work injury and moving through the workers’ comp process can be challenging and stressful. At Clements, Taylor, Butkovich & Cohen LPA, Co., we offer compassionate support and fight hard to represent your interests. We’ll take the time to answer your questions, address your concerns, and guide you toward the best possible outcome.

Our lawyers also understand the complexities of third-party claims and recognize how important they are to helping you get fair compensation and accountability when third parties are responsible for your injuries. If you want to pursue a third-party claim or have questions, call us today at 513.721.6500. We specialize in providing the support and advocacy you deserve.