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Third Party Claims for Workplace Accidents

How a Skilled Miami-Dade County Workers’ Comp Attorney Can Determine Liability

In some cases, work-related injuries can be traced back to the negligence or wrongdoing of a third party – someone other than a co-worker or the injured worker’s employer. An example may be the driver of a vehicle that strikes a worker at the side of the road. Another example may be the manufacturer of a defective piece of equipment that malfunctions and injures an assembly line worker.

Third party workplace accident claims can be exceedingly complex, but they are important to pursue because they open the door to additional benefits that workers’ compensation does not cover. Our Miami-Dade County workplace accident attorneys can help you understand when a third party claim may apply and how to take legal action, when you call our offices at (305) 340-2630 for a free consultation. We have also included some basic information on this important matter.

Workers’ compensation covers:

  • Medical care, through a provider approved by your employer or their insurance carrier; and/or
  • Financial benefits, typically compensation paid in the amount of 2/3 of your normal wages, if you are completely unable to work for an extended period of time.

A personal injury lawsuit against a third party may enable you to recover compensation for:

  • All of your medical care, from any and all providers of your choosing;
  • Ongoing treatment, including medication, in- or out-patient procedures, and at-home care;
  • 100% of lost wages, including loss of potential wages and earnings; and/or
  • Emotional trauma, such as pain and suffering.

Fault & Third Party Work Injury Claims in Miami-Dade County, FL

Fault is one of the most important things to note when considering a lawsuit against a third party for a work-related injury. With workers’ compensation claims, benefits are provided regardless of fault, as long as the injury is work-related. With personal injury lawsuits filed against third parties, fault must be proven. You, as the injured worker, must prove that the third party was the cause of your injuries, whether through negligence or misconduct.

Proof of fault is one of many reasons it is crucial to have an experienced Miami-Dade County work injury lawyer on your side after a workplace accident. If a third party is to blame, your lawyer will need to gather evidence of this and prove it in order to secure a fair settlement or award on your behalf.

To learn more, call Morales & Cerino at (305) 340-2630. Your consultation is free! Se habla español.

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