What Is a Workers’ Comp Third Party Claim?

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There was a recent report in the Madison-St. Clair Record concerning an on-the-job injury victim’s third party claim against a transportation company and a truck driver.

What Is a Third Party Claim?

A third party lawsuit is a personal injury claim that you can file if you are hurt at work and the incident was due to the negligence of a person or business other than their employer or a co-worker. In some cases, injured workers can pursue both a third party claim and workers’ comp. There are several parties that third party claims can be filed against, including but not limited to the following:

  • Contractors
  • Subcontractors
  • Product manufacturers
  • Product distributors
  • Other drivers if the employee was in a car accident, bicycle accident or pedestrian accident while working

In the case of the accident reported in the Record, the plaintiff in the suit was working at Dynergy Power Plant at the time of the incident. As part of his duties while working at Dynergy, the man had to inspect a Red-E-Mix truck onsite for a pickup. While inspecting the truck, the man had to climb on top of the truck’s trailer. As the man was continuing his inspection on top of the trailer, the truck suddenly pulled away. This led to the man falling and injuring his left foot and heel.

In his third party claim, the man alleges that the truck driver operated the truck in a careless manner and did not warn him before pulling away. He is seeking damages in the amount of $50,000 to cover his medical bills as well as other expenses.

For more information about workers’ compensation, third party claims and what you should do if you are injured on the job, set up a free consultation with our Illinois and Missouri and Illinois workplace injury attorneys today.

The information provided by Walton Telken, LLC in this Blog is not intended to be legal advice, but merely provides general information related to common legal issues. This Blog, and the information contained within it, is Attorney Advertisement. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.

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