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When to File a Third-Party Lawsuit

Posted by B. Patrick Agnew | Dec 01, 2012 | 0 Comments

Traditional workers' compensation claims are fine for many kinds of injuries incurred on the job. Indeed, generally one is not allowed to sue an employer directly, so often such a claim is a person's only recourse. When a third party may be held liable for a claim, however, a personal injury lawsuit may be more The post When to File a Third-Party Lawsuit appeared first on Agnew & Rosenberger Virginia Law Firm.

Traditional workers' compensation claims are fine for many kinds of injuries incurred on the job. Indeed, generally one is not allowed to sue an employer directly, so often such a claim is a person's only recourse. When a third party may be held liable for a claim, however, a personal injury lawsuit may be more advantageous. A Richmond workers' comp attorney can explain which is best in your case.

Who Are Third Parties?

A third party generally is any entity that contracts with your employer or provides a service or product used for work. The owner of the building your employer leases, for instance, may be deemed liable if through negligence the structure was in some way unsound and caused your injury. A subcontractor may be performing work on your job site and cause injury to you. A Richmond workers' comp attorney will thoroughly analyze your case to determine whether a third-party suit is appropriate.

How Is a Third-Party Lawsuit Different from a Workers' Compensation Claim?

Several basic distinctions can be made between the two, among them:

  • Proving Liability: In a third-party case you and your attorney will need to prove that the defendant's negligence was directly causal to your injuries. No such burden of proof is required for a workers' compensation claim.
  • Damages: You are strictly limited in a workers' compensation claim to medical costs and loss of wages, and even these are often paid out only in part. Third-party suits may include such peripheral damages as pain and suffering.
  • Claims Caps: Unlike workers' compensation, third-party suits are not limited in the amount of damages that can be claimed.

The post When to File a Third-Party Lawsuit appeared first on Agnew & Rosenberger Virginia Law Firm.

About the Author

B. Patrick Agnew

B. Patrick Agnew was born and raised in Roanoke, Virginia and Bedford County. He received his undergraduate degree from Liberty University and studied philosophy and government. Patrick received his law degree from the Regent University School of Law.

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