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 and Israel 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.