Find out if you have a good case
In New Jersey, workers’ compensation insurance provides compensation for workers injured in the workplace–regardless of who is to blame for the injury. But what happens when a non-employer’s negligence caused you to suffer injuries in the workplace? This is where the third party claims process can help you recover the most compensation possible for your injury.
Third party claims are a variety of personal injury claims that can help injured workers recover compensation in situations where a worker is injured on the job. Lawsuits against third parties are only an option when someone other than your employer was responsible for the injury. While workers’ compensation will cover your medical costs and provide disability benefits, at Birkhold & Maider, LLC, our experienced third party claims lawyers can help you recover compensation for all costs associated with the injury.
To learn about your legal right to financial compensation after sustaining a workplace injury, call or contact our skilled third party claims lawyers for a free initial consultation today.
Although the worker’s compensation system in New Jersey is a valuable form of insurance for workers injured on the job, workers’ compensation does not provide the full level of compensation that would be available in a personal injury lawsuit. Workers’ compensation provides compensation for your reasonable medical expenses and a percentage of your average weekly wages. If a third party’s negligence caused or contributed to your accident, you may be entitled to compensation for:
Our third party claims lawyers are here to help you recover the maximum amount of compensation possible. When you are receiving workers’ compensation benefits, you’ll likely realize quickly that you have just taken a 30 percent pay cut—at a minimum. Workers’ compensation benefits also only last for a set amount of time and might not cover all of your future expenses.
If a third party was involved, however, we can fight to get you the fair compensation you deserve through the third party claims process. At Birkhold & Maider, LLC, we fight to protect your financial future so that you can focus on the important task of recovering from your injuries.
Your employer controls many aspects of your workplace environment. Often, however, third parties work together with your employer and control various aspects of your job—and your safety. Third parties who may be found financially responsible for your injuries via a third party claim include:
We investigate all aspects of your accident to determine whether any third party may have contributed to your injuries. Although workers’ compensation is a no-fault system, to pursue a third party lawsuit, our lawyers will work to prove that the third party was negligent. This means showing that:
Although filing a lawsuit against a third party might seem intimidating, our lawyers have the legal knowledge and experience necessary to handle every aspect of your claim. We negotiate with the insurance companies and defense lawyers, and complete all paperwork required to submit your claim—so you don’t have to.
We provide free initial consultations for our potential clients in Essex County and elsewhere in New Jersey. If you’re searching for an honest, knowledgeable lawyer who will fight tirelessly to protect your legal rights after suffering a workplace injury, call the experienced third party claims lawyers at Birkhold & Maider, LLC today.
Many of our potential clients worry about the impact of filing a third party lawsuit might have on their current workers’ compensation benefits. The answer is that you can continue to receive workers’ compensation and file a lawsuit against a negligent third party at the same time. However, you aren’t entitled to recover twice for the same injury. This means that if the settlement from your third party claim is larger than your workers’ compensation benefits, you must repay those benefits out of the settlement. If your third party settlement is smaller, workers’ compensation pays the difference between the settlement amount and workers’ compensation benefit to which you are entitled.
Nearly every workplace accident or injury could potentially give rise to a third party claim. Common examples of third party claims cases we see involve construction accidents where multiple companies are involved. For example, if you were injured because of faulty equipment, you might have a claim against (1) the equipment designer or manufacturer or (2) the company charged with maintaining the equipment. If you are injured in a car accident while on the job, the negligent driver who caused your accident might be responsible. Even a slip and fall accident that happens while you are visiting someone else’s property for work-related reasons can give rise to a third party claim against a negligent property owner.
It’s important that you choose a lawyer with experience handling workers’ compensation cases and personal injury cases. Third party claims combine aspects of both systems. Often, a personal injury lawyer without significant workers’ compensation experience will fail to understand the complexities of pursuing a third party claim. Our lawyers have a proven track record of success in handling both types of claims and are ready to put those skills to work in your case.
Couldn't have worked with a better team. Bob & Jess were super helpful and made the process easier to get through. I highly recommend their services!what our clients are saying