Third Party Claims
If you have been injured while at work, there are some situations that may allow you to receive compensation from the employer as well as another third party. This is called a third party claim and it may be possible for you and your situations.
Nevada Law
Under state law, there are provisions and guidelines related to third party claims. According to the law, an injured worker may be entitled to compensation that includes past and future medical expenses, loss of earnings, loss of future earning capacity, property damage, as well as pain and suffering. There are exceptions for those who are considered to be a co-employee or subcontractor who work together on the same work project.
Under state law, a “third-party” refers to someone who is not a co-employee or your employer.
Types of Liability
The law says that when injuries are caused by a party’s negligence, you may be able to bring a personal injury suit against that party. This is in the case where the party is not a co-worker or employer. Common types of third-party personal injury claims include, but are not limited to, the following:
(1) Product Liability: This type of claim involves a cause of action against a manufacturer or distributor of a defective product. Examples include appliances and power tools.
(2) Premises Liability: This type of claim involves claims against a property owner, property manager, or general contractor.Typically, these occur when an employee works in an unsafe environment.
Other claims directed at third parties can also include the following: truck/car accidents, slip and fall accidents, and construction accidents.
How to File a Claim
First, keep in mind that if you have been injured at work, you typically have 90 days to file the appropriate workers’ compensation paperwork.
Next, there are several forms that will need to be completed and filed. The actual workers’ compensation claim begins with what is known as the Form C-4, Employee’s Claim for Compensation/Report of Initial Treatment. This form is usually supplied by the medical provider at the time of the initial treatment.
When filling out forms, it is important that you follow the directions! The C-4 form expects you to provide the correct name, address, and phone number of employer. In addition, you must provide the date of injury and your contact information.
You are required to properly sign and date the C-4. The majority of the form however, is completed by the medical provider. He or she must sign the form, as well. Take note that the medical provider has only three working days from the date of the treatment to forward the C-4 to the appropriate party. The form is not considered valid until all interested parties have signed and it has been filed with the proper claims administrator.
Should You Contact an Attorney?
Contacting an attorney who is skilled in workers’ compensation issues is a good idea when you have questions about this area of law. The law is specific and detailed. It is best to work with a local attorney who explain the law to you and advise you on your options.