Third Party Claims
Personal Injury Attorney – Washington D.C., Maryland, and Virginia
Personal injury cases are cases that involve an injury to the body, mind, or emotions. This office handles personal injury cases in addition to workers’ compensation cases. Some of the most common types of personal injury cases we handle include:
- Third Party Claims
- Auto Accidents
- Construction Accidents
- Premises Liability
- Medical Malpractice
- Wrongful Death
Injured Worker May Be Able To Bring Both a Workers’ Compensation and Personal Injury Claim.
In addition, sometimes an injured worker is able to bring both workers’ compensation and personal injury claims. In those situations, this office will often handle both claims. If you have a question about an injury you have suffered, please call 202-822-8264 for a free consultation.
On The Job Injury Caused by a Third Party
Sometimes an injured worker may have both a workers’ compensation claim and a personal injury claim. When the workplace injury job is caused by a person or corporation (other than the worker’s employer), the worker may sometimes bring a claim against the person who caused the accident. For example, if a worker has a work-related car accident and the other driver is at fault, the worker can make a claim against that driver while his or her workers’ compensation claim is pending. This is called a “third-party claim” because it is a claim against someone other than the worker or the employer.
In Maryland, an injured person may sue a co-employee who causes an accident and request compensation for pain and suffering, medical bills, and wage loss. That negligent co-worker is almost always covered by the employer’s liability insurance. However, lawsuits against co-workers are generally not permitted in Washington, D.C. if a workers’ compensation claim is also filed. Only in rare circumstances can the injured employee bring suit against the employer.
If the employer’s liability insurance pays for the third party’s negligence, the injured worker will sometimes have to reimburse the workers’ compensation insurance for any overlapping benefits. The workers’ compensation insurer requests this reimbursement by asserting a lien. These liens can sometimes be negotiated for a lesser amount.