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Third-Party Claims For Indiana Work Injuries

An attorney can help you through the process

Work injuries are different from other types of injuries because of the special relationship between employee and employer. When you're hurt on the job, you are entitled to certain benefits through the workers' compensation system; this is a type of insurance that your employer is legally required to provide. However, you are also barred from suing your employer for additional compensation, even if their negligence caused the injury.

But that immunity only applies to your employer. If someone else caused your injury, you can file a personal injury claim. The work injury lawyers at Boughter Sinak, LLC have extensive experience pursuing these third-party claims and helping injured workers get all of the compensation they deserve.

What is a third-party claim?

A third-party claim is a personal injury claim filed against an individual or business other than your employer who caused your work injury. Here are a few common examples of third-party claims:

  • Motor Vehicle Accidents - Your commute to and from work is generally not considered part of your job duties, but any driving you do while you are "on the clock" counts. If you were injured as a driver, passenger or pedestrian while on the job, you are eligible for workers' compensation, but you can also file a personal injury claim against the at-fault driver as with any other car accident.
  • Construction Accidents - Almost all construction sites have multiple contractors and subcontractors working together on a project. If your injury was caused by the negligence of someone working for another company, you can file a lawsuit against his or her employer. If your injury was caused by unsafe conditions on the site itself, the property owner or manager may be responsible.
  • Defective Equipment - Every job involves working with equipment of one sort or another, and defective products can cause serious injuries. You may be able to file a product liability claim against the manufacturer or distributor of the equipment that caused your injury. You might also have a claim against a third party who was responsible for repairing or maintaining that equipment.
  • Premises Injuries - Many workers, ranging from HVAC professionals to IT providers, routinely travel off site to properties owned by other businesses as part of their job duties. If you were injured in a slip and fall, trip and fall or similar accident due to unsafe conditions on another company's premises, you can file a premises liability claim against that third party.

The only way to know for sure whether you have a third-party claim is to have an experienced attorney investigate your injury and find out exactly what happened. That's why you need to contact us as soon as possible after your work injury.

Why file a third-party claim?

You may think that even if you're eligible to file a third-party claim, there's no point. Don't you get workers' compensation anyway? But workers' compensation is limited in what it covers: medical expenses, two-thirds of your average weekly wage for a limited amount of time, and some other benefits for disability and vocational rehabilitation. A third-party claim can provide you with additional financial compensation for losses not covered by workers' comp, including:

  • Full amount of lost wages
  • Pain and suffering
  • Emotional distress
  • Loss of care and companionship
  • Loss of consortium
  • In some cases, punitive damages

It's not uncommon for the amount of damages you can recover in a third-party claim to be several times greater than the value of your workers' compensation claim. But pursuing such a case can quickly become complicated. We can help.

Attorneys who understand workers' compensation and third-party claims

Many law firms focus only on personal injury or workers' compensation claims. At Boughter Sinak, LLC, we have extensive experience handling both types of cases. We know how to thoroughly investigate, coordinate benefits and help you get all of the compensation you deserve. We are the experienced legal team you want on your side in negotiations and at trial.

If you've been injured on the job due to a third party's negligence, don't hesitate. Contact us online or call 1-877-962-4373 to schedule your free consultation.

Fort Wayne

5150 W Jefferson Blvd,
Fort Wayne, IN 46804 260-420-4878

South Bend

205 West Jefferson Blvd., Suite 303,
South Bend, IN 46601 574-208-1001

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