If a third party played a role in your workplace accident, you may be able to recover money to pay for damages workers’ compensation doesn’t cover. Let’s go over the facts of your case together to see if third-party liability may be something we should pursue. Although some third-party involvement is fairly easy to detect, like with work-related fender benders when the other driver is at fault, other connections are not so simple to identify. We’ll sift through the evidence to reveal whether third-party negligence may have been a culprit in your work accident. Then we’ll hold all responsible parties liable to maximize your recovery.
In Nevada, like many other states, workers who are covered by workers’ compensation insurance are prohibited from suing their employers when they are hurt on the job. Unfortunately, workers’ comp insurance only pays out so much, and the benefits are rarely enough to cover an employee’s true losses.
While most medical bills and a percentage of your lost wages will be paid in a successful workers’ comp case, these benefits are capped at a fairly low maximum. So if you were paid higher wages before you were hurt, you’ll never be reimbursed for the totality of your losses through workers’ compensation payments.
Additionally, damages like pain and suffering, mental anguish, and similar subjective damages are not covered by workman’s comp. Fortunately, the workers’ compensation system isn’t the only legal recourse many injured workers have to recover money for damages caused by workplace accidents.
When third parties are at least partially responsible for accidents that result in injuries at work, you may be able to bring a personal injury suit against the person, manufacturer, or other entity that played a role in the accident. Third-party actions can arise out of a number of different situations. Some of the most common scenarios where third party involvement results in a personal injury suit include:
Work-related car accidents: In a work-related motor vehicle accident, defective car parts manufacturers and negligent drivers are most often the culprits that can be held liable in a third-party suit. While this is a common scenario with truckers who are injured in trucking accidents, workers can have a cause of action against other motorists or manufacturers while they are driving company vehicles in the scope of their employment, using their own vehicles for company business, or even carpooling with other workers between job sites.
Defective equipment: Many work-related accidents happen because of defective equipment. Manufacturing flaws, unsafe designs, and the lack of adequate warnings are common. If you’re hurt because power tools, manufacturing equipment, or safety devices fail, for instance, you can file a personal injury suit against the manufacturer. Likewise, if a faulty tire blows out or the steering on your bulldozer fails, you can sometimes sue the manufacturer.
Dangerous premises: If a property owner fails to warn you about hazardous conditions that may be present, the owner can be held liable if you get hurt. If you’re a delivery driver, for example, and you slip and fall on a staircase that has inadequate lighting or broken handrails, the property owner can be sued.
Construction site accidents: On construction sites, there is usually a general contractor who is in charge of monitoring the safety of subcontractors. If a subcontractor causes your injury, the general contractor may be liable.
Personal injury suits are not subject to the strict limitations that apply to workers’ comp cases. In a third-party suit, money can be recovered for:
Filing a third-party lawsuit when you’re hurt at work is not something you should do without the assistance of an experienced work injury attorney. You could end up in a tangled web filled with numerous deadlines, complicated forms, and other lawsuit-specific requirements that can be difficult to sort through. And since the laws are very different when you compare workers’ comp cases and personal injury suits, you could miss important details that could cost you thousands in the long run. Even if you’re successful in meeting the obligations that pertain to each case, pursuing all of your legal options by yourself will likely take a toll on your health and impede your recovery. You have enough on your plate. Let us help.
We’ll complete and file the complicated documents, collect evidence and conduct investigations that ensure all liable parties are identified, negotiate with insurers, and help maximize your recovery. And since we don’t charge any legal fees until we recover money on your behalf, there are no out of pocket costs to get in your way. Give our office a call today at 702-822-4444. Let’s talk.
March 18, 2020 Udpate.
We have just been given notice that all Hearings and Appeals have been vacated and are off calendar by order the Senior Appeals Officer from the Nevada Department of Administration. It is unknown when the reset dates will occur.
March 17, 2020 Update.
As efforts concerning the containment of COVID-19 (Coronavirus) continue to evolve here in the U.S. and around the world, we want to assure you that Jason D. Mills & Associates remains committed to three important priorities:
Our offices remain open for business; however, we encourage all existing clients to help us limit exposure and the potential spread of COVID-19 by avoiding in-office meetings. We remain open for business virtually during normally scheduled work hours (9:00 am to 5:00pm, Monday through Friday). All email, fax, telephone, and other electronic communication will continue without interruption. If you have a scanner please scan documents and send to us in .PDF format. If you do not have a scanner, there are smart phone apps available such as: CamScanner, Adobe Scan and Genius Scan (and many others), that will turn your smart phone into a document scanner at zero or little cost.
Our local courts continue to update and modify their policies and procedures in response to the current COVID-19 situation as well, and we are monitoring those procedures to navigate the impact on your claims. So far, the Hearing and Appeals Office has halted all in-person hearings and is in the process of converting future hearings into telephonic hearings. As we learn more, we will provide updated information.
We also know that many of you have been personally impacted in a number of ways, and we apologize for any inconvenience these modifications may cause you but of course we are all experiencing this disruption together and will get through it together. We will resume normal operations as soon as the local, state and national governments give instructions that it is reasonable to do so. We appreciate your flexibility as we do our part to help bring this unprecedented situation under control.
Again, we are fully operational and are actively working on your claims. If there is anything you need, please feel free to contact our office (telephonically or electronically) during office hours so that we can direct your call and follow up accordingly.