Third Party Liability
Do you have grounds for a personal injury claim?
Under state law, you have a right to file a personal injury claim any time you are injured as a result of another person's negligent or wrongful actions. Unfortunately, unless you were hurt in a construction accident, your options for pursuing legal action against your employer are most likely limited to filing a claim for workers' compensation, which only offers limited benefits to an injured employee.
If you are serious about recovering the largest settlement possible, contact us at Jeffrey J. Shapiro & Associates, LLC to learn whether you may have grounds for filing a "third party" liability claim. By demonstrating that someone other than your employer is at fault for causing the accident, you could be entitled to recover comprehensive financial compensation for your injuries.
Workers' Compensation vs. Personal Injury Claims
A personal injury claim would make it possible for you to receive a much larger settlement than would be available through workers compensation. The amount you could recover through workers' comp is generally calculated as two-thirds of your average weekly wage, multiplied by your disability rating. For example, if you normally earn $900 per week and have been given a disability rating of 85%, your wage replacement benefit would be only $510 per week, in addition to necessary medical care. Personal injury claims, on the other hand, can result in a settlement or jury verdict which includes replacement for your lost wages in the present and your future reduced earning power, as well as all the medical treatment you require and even damages for your pain and suffering.
An attorney from our firm will investigate the circumstances of your accident to determine whether you do have grounds for a personal injury claim and if you do we will take on the task of researching your case to find the evidence to support your case. You may be able to sue for damages if an employee of another company, such as a delivery person, caused your accident, as well as if your injuries were caused by defective tools or equipment, in which case you could file a claim against the manufacturer. Similarly, if the owner of the property where you accident took place failed to remove the hazard which caused your injury, we could represent you in a premises liability claim.