Our Areas Of Practice

Personal
Injury

Workers’
Compensation

Wrongful
Death
Insurance
Settlements
and Mediation

Railroad Injuries
(FELA) And
Retaliation

Diligently Pursuing Third-Party Claims

In most states, including Nebraska, when an employee sustains injuries that arise out of or in the course of his or her employment, workers’ compensation benefits are usually the injured employee’s only or “exclusive remedy” against his or her employer and co-workers. Put simply, this means that the benefits provided to the injured worker by the Nebraska workers’ compensation laws are usually the only benefits the injured worker is entitled to receive. However, if a third party’s negligence was the proximate cause of the injury, the injured worker may have two causes of action — the workers’ compensation claim and a “third party claim.”

Do you think you may have a third-party claim? Call 402-817-2717 or toll free at 800-655-9606 to schedule a free case consultation. We will carefully evaluate your case and determine whether you are eligible to file a third-party claim.

What Is A Third-Party Claim?

A third-party claim is a claim against persons (other than the injured worker’s employer or co-workers) who are responsible for the injured worker’s injuries.

Do I Have A Third-Party Claim?

It is best to consult with a lawyer to determine whether you may have a third-party claim. Third-party claims often arise when on-the-job injuries are caused by third-party negligence (negligent operation of a motor vehicle, for example), defective or dangerous products or equipment, or violation of state or federal law.

If I Have A Third-Party Claim, Do I Also Have A Workers’ Compensation Claim?

An injured worker can have both a tort claim against the third party and a workers’ compensation claim against his or her employer. Keep in mind, however, the employer and the employer’s workers’ compensation insurance carrier also have a claim against the third party for any workers’ compensation benefits paid to the injured worker.

Can I Collect Compensation In Addition To My Workers’ Compensation Benefits If I Have A Third-Party Claim?

A third-party tort claim may entitle you to compensation above and beyond workers’ compensation benefits. Third-party claims allow you to claim compensation for damages that the Nebraska Workers’ Compensation Act does not provide: specifically, damages for pain and suffering, mental anguish, and, if you are married, your spouse’s claims for loss of society and companionship.

Maximizing Compensation From All Sources

We handle both workers’ compensation and third-party claims in-house, allowing us to coordinate efforts in both cases. This minimizes costs and ensures that our clients receive coordinated representation of the highest quality. Third-party claims present legal and strategic concerns that require a close analysis of the facts of your claim. Failure to handle both claims properly can lead to suboptimal results.

Contact Our Experienced Attorneys For Comprehensive Representation

Call Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O., at 402-817-2717 or toll free at 800-655-9606 to schedule your free consultation. You may also contact our Omaha or Lincoln offices online. We serve injured workers throughout Nebraska and Iowa.

Rated by Super Lawyers Martindale Hubbell | AV Preeminent | Peer rated for highest level of professional excellence 2017 AV PeerReviewRated | For Ethical Standards And Legal Ability AV PeerReviewRated | For Ethical Standards And Legal Ability ABA - Defending Liberty Pursing justice NATA

What Our Clients Say

The lawyers and support staff at Atwood Law Firm showed me sincere interest and caring on a very personal level, and I knew at all times my interests were front and center in all aspects of my workers' compensation case. This office is staffed by a great group of people. You can relax and be assured that your welfare comes first and foremost in their decisions and actions with respect to your legal case. You are kept aware of the process and progress in your case at all times, and your input is welcomed. I highly recommend the Atwood Law Firm to anyone needing legal assistance.

- WN

I cannot thank you enough for the peace of mind you have brought to my family! Both of my parents are extremely grateful for your work. I knew we were in good hands from the first meeting and you have exceeded all my expectations! It may feel straightforward to you, but to us, you have moved mountains. This settlement will allow my parents, particularly my Dad, to enjoy the rest of their lives to the fullest of their abilities. We all agree that we would give every cent back and more for my Dad to walk again, but that is not going to happen...

- DW

"...He didn't treat me like I was one of 100 clients. He treated me like I was his only client. He acted professionally but with empathy, dignity and friendliness. It didn't matter if it was something small or large, he was always there for me, be it by phone, fax, email, cellphone or meeting me personally at his office or elsewhere. He never rushed me when I didn't understand something, he'd take as much time as needed to explain things to me, especially when it came time for my deposition and in preparation for trial. He was there for me when I truly needed his help..."

- CG

"...My husband and I felt his kindness immediately and were both very impressed with his knowledge of what to expect in a wrongful death case. He pursued our claim in an aggressive manner while at the same time being very protective of our rights and privacy and sheltered us from any unnecessary contact with insurance agents, or any other adverse parties. My husband and I cannot say enough about the kindness, professionalism and legal ability demonstrated by Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O."

- RD

"...If it were not for this law firm all I would have received from this injury would have been a loss of income check and a pat on the back, goodbye. Which only would have been a fraction of what I actually received. He was always professional but more importantly he cared about me and my family as people not just a client. He went beyond his role as my lawyer. He even spoke with my bank and explained why I was behind on my car payment. And this saved me getting my car repossessed..."

- HR

Get A Free Consultation Now

Get Help Today. Call Us At 800-655-9606

Omaha Office
14301 First National Bank Parkway
Suite 100
Omaha, NE 68154

Toll Free: 800-655-9606
Phone: 402-817-2717
Fax: 402-476-4410
Atwood Holsten Brown Deaver Spier
Lincoln Office

575 Fallbrook Boulevard Suite 206
Lincoln, NE 68521

Toll Free: 800-655-9606
Phone: 402-817-2717
Fax: 402-476-4410