How Can I File A Third-Party Claim After a Construction Accident?

If you’ve been injured on a construction site and want to seek economic and non-economic damages for the harm you’ve suffered that are not covered by workers’ comp insurance, you may be wondering, “How can I file a third-party claim after a construction accident?”

With considerations for both state laws and the unique circumstances of your case, seeking compensation can quickly become a complex process without the help of experienced workers’ compensation lawyers.

At Klezmer Maudlin, we understand the intricacies of this legal field and have years of experience advocating for injured workers in Indiana. 

This learning resource will clarify challenges you may face in the process, steps for ensuring a favorable outcome, and the legal tactics our experienced Indianapolis workers compensation attorneys can use to help you recover the compensation you deserve.

What is a Third-Party Claim?

You may be able to seek compensation for additional damages not covered by workers’ compensation insurance benefits by filing a third-party liability claim against parties other than your employer who may be responsible for your injuries. 

Examples of potentially liable parties can include:

• Property owners

• General contractors

• Subcontractors

• Manufacturers of defective equipment or products used on the job

These claims are called “third party” because, unlike workers’ compensation claims filed directly with your employer and their insurance company, they involve seeking damages from a party other than your employer.

What Damages Can I Recover in A Third-Party Liability Claim?

Unlike workers’ compensation benefits that primarily cover medical expenses and lost wages, third-party claims can allow you to seek additional compensation for other damages, such as:

• Pain and suffering: Workers’ comp benefits do not cover the extensive pain and suffering you may face after sustaining catastrophic injuries such as traumatic brain injuries or spinal cord damage.
• Emotional distress: The psychological trauma is not factored into workers’ comp benefits. For those struggling with emotional distress from crush injuries, burns, or amputations, this is a significant loss that a lawyer may be able to help you recover compensation for.
• Loss of enjoyment of life: Injuries with long recovery times put an end to the activities you enjoy most. Third-party liability claims may allow you to recover damages for losing your hobbies and other activities that bring joy into your life.
• Loss of consortium: When injuries prevent meaningful relationships with spouses, it may be possible to seek compensation for the lack of companionship and intimacy.

By seeking compensation for these and other similar damages, you can ensure that your financial and emotional well-being are protected after a construction accident.

What is the Process of Filing A Third-Party Claim After Construction Accidents?

Seeking compensation from a negligent third party is not a simple process. It requires thorough investigation and documentation. These tasks are challenging enough for someone who does not have extensive legal knowledge and resources, but for severely injured workers, it is often all but impossible.

Before your lawyer can help you file the claim, they will first help you understand if you are eligible to file one. This eligibility assessment typically includes:

• Determining the specifics of your situation, such as who was responsible for causing the accident and what type of injuries you sustained.
• Ensuring you are filing within the statute of limitations, which is usually two years from the accident date in Indiana.
• Examining your workers’ compensation settlement to ensure no other legal restrictions prevent you from filing a claim.

Once it is determined that you are eligible, your lawyer will then help you gather evidence and build a strong case against the liable party. This can include:

• Gathering medical records and expert testimony

• Obtaining witness statements

• Investigating the scene of the accident

• Evaluating any potential safety violations or equipment failures that may have contributed to the accident

You will work with your lawyer to negotiate a fair settlement or pursue a third-party lawsuit if necessary. Your lawyer will handle all communication and legal proceedings on your behalf, allowing you to focus on your recovery and well-being.

How Much Compensation Can I Receive in a Third-Party Claim?

There is no set standard when it comes to the amount of compensation you can recover in these claims. The amount will depend on various factors such as:

• The severity of your injuries

• The extent of your damages and losses

• The strength of the evidence against the liable party

• Any potential level of fault or blame you may share for the accident

While it’s challenging to determine a specific case value without the help of a lawyer, common damages you may be able to recover with the help of a work injury attorney include: 

• Compensation for medical expenses, including current and future treatment costs not covered by a workers’ comp settlement
• Full wage compensation to make up for what isn’t covered by other benefits or settlements you may have received through other insurance claims
• Pain and suffering damages, including emotional trauma, phobia-related injuries, and other forms of mental anguish
• Out-of-pocket costs related to the injury, such as transportation expenses for medical appointments or home modifications needed for disability accommodations

Overall, a third-party claim can help you receive more comprehensive compensation that better reflects the true impact of your construction accident injuries. 

By hiring an experienced workers’ compensation lawyer, you can confidently navigate the legal process and increase your chances of receiving fair and just compensation.

Is it Hard to File a Third-Party Claim?

Having a lawyer can help you overcome many of the challenges injured workers face when seeking additional damages from a negligent, reckless, or careless third party, including but not limited to:

• Establishing liability: Proving that the negligent party is legally responsible for your injuries is challenging when you are struggling with severe injuries, unscrupulous insurance adjusters, and a lack of legal knowledge.
• Dealing with insurance companies: Insurance adjusters are trained to minimize payouts and protect their company’s bottom line. This means they may use manipulative tactics or pressure you into accepting an unfair settlement offer.
• Pre-existing conditions: If you have a pre-existing injury aggravated by a construction accident, the liable party may try to argue that they are not responsible for all of your damages. Your lawyer can help you gather evidence and medical opinions to counteract this argument.
• Shared fault: Sometimes, the injured worker may also share some fault for the accident, which can reduce a final settlement or verdict award. Your lawyer can help mitigate any potential shared fault and ensure you receive fair compensation.

Overall, filing a third-party liability claim against a negligent party after a construction accident is complicated. However, with the help of an experienced lawyer, you can overcome these challenges and fight for the full and fair compensation you deserve.

What Should I Look For In a Work Injury Lawyer?

Dealing with the challenges of these claims requires legal professionals who:

• Have experience with construction accidents and understand the unique challenges these cases present

• Are knowledgeable about relevant laws and regulations

• Can effectively communicate with insurance adjusters, other lawyers, and judges on your behalf

• Are dedicated to helping you receive fair compensation for your injuries and losses

• Provide comprehensive and compassionate legal support with regular updates and clear explanations of the legal process

Klezmer Maudlin is proud to offer all these qualities and more to help you navigate the complexities of a third-party claim. Our team has decades of experience handling construction accident cases and is dedicated to helping injured workers fight for their rights.

Third-Party Claim FAQs

How long does it take to resolve a claim?

The length of time it takes to resolve a claim varies depending on the case’s specific circumstances. Preserving evidence, providing your lawyer with all necessary information, and being proactive in the legal process can help expedite the resolution of your case.

What if I already received a workers’ compensation settlement?

Your settlement may affect the total compensation you receive. Still, it usually does not exclusively bar you from pursuing a claim. Your lawyer can help you determine the appropriate legal options and ensure that any settlements or benefits received do not prevent you from seeking additional damages.

When can I pursue a third-party claim for a construction accident?

You don’t have to wait until your workers’ comp benefits have run out to pursue a third-party claim. It is often beneficial to start the legal process as soon as possible to preserve evidence and strengthen your case. Contact a lawyer immediately after your accident for guidance on when and how to proceed.

Can I still sue if I am an undocumented worker?

Yes, as an undocumented worker, you can pursue a third-party claim for construction accidents. Your immigration status does not prevent you from seeking compensation from a third party responsible for your injuries. These claims are based on the liability of the party that caused the accident, not on your employment or immigration status. 

Klezmer Maudlin Can Help You File a Third-Party Claim After A Construction Accident

Negligent third parties should be held accountable for their actions that caused harm to an innocent construction worker. At Klezmer Maudlin, we are passionate about fighting for the rights of injured workers and helping them obtain the compensation they deserve.

Contact us online or at (317) 569-9644 or online for a free consultation, and let our work injury lawyers help you with your third-party claim.