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Article Directory :: Legal Articles
Third Party Attorney Straight Talk
This article is one in a series of Third Party Lawyer Straight Talk articles. These articles are based upon 25 years of handling third party cases. Here, we look under the hood of work injury cases and let you see the moving parts of work injury cases up close. It isn't always pretty - but we bring it to you straight. We provide you with great free and useful information so you can understand and win your Third Party Work Injury case. In essence, we give you an insider's view of the work injury law by a Third Party Attorney.
What is a Third Party Work Injury Case?
One of the questions I am often asked is, "What is a Third Party Work Injury case?" In a nutshell, when you are injured at work you can't sue your employer. Instead, the general rule is worker's compensation benefits are your exclusive remedy against the employer. This is called the "Exclusive Remedy" doctrine.
What this means to you is if you are seriously injured while working you are limited to workers compensation benefits. You can't get civil tort damages from your employer. For instance if you are seriously injured at work due to the negligence of your employer - you still can't sue them. All you can get from your employer under these circumstances is workers' compensation benefits.
You Can Sue Someone Other Than Your Employer
However, if some other person or company is legally responsible for your injuries - then you can sue that person or company. These are called third party cases or third party work injury cases. When you bring a third party case then you are entitled to all civil damages. Meaning pain and suffering and loss of enjoyment of life. In addition, you may be able to recover your full wage loss in a third party case.
The fact of the matter is if you are a seriously injured worker you need to find out whether you have a viable third party case. Trouble is, few workers' compensation lawyers know anything about bringing and winning a third party case. Because of that, we recommend you search for a lawyer that specializes in third party work injury cases. For example, if you do an Internet search, use terms like "San Diego Third Party Lawyer" or "Oakland Third Party Work Injury Attorney."
Disclaimer
This article is not legal advice. We are simplistic in order to achieve clarity. When you are a seriously injured worker - you must contact a third party attorney to see if you have a viable third party case. Whenever you are bringing a court case your credibility is always at issue. Always tell the truth.
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