Third-Party Claim Attorneys In Tacoma
At Smith Duran Law, we are client-focused third-party claims attorneys helping injured workers pursue alternate avenues of financial recovery after workplace accidents in King County, Lewis County, Pierce County, Thurston County, and throughout Washington.
When you have been injured on the job, you may know that you can file a claim for workers’ compensation benefits to get help with medical expenses and lost wages from missed work. However, workers’ comp benefits do not cover all the losses you suffer due to an injury, especially personal and emotional losses. However, if a party not connected with your employer bears responsibility for causing your work injury, you may have the right to pursue a third-party claim that can provide you with full financial recovery after a workplace accident. Our third-party claim attorneys in Tacoma can help.
If you have been injured at work, our Tacoma-based Lawyers at Smith Duran Law will diligently pursue maximum compensation and justice on behalf of injured workers throughout the state. Many injured workers may not fully understand their rights when a third party causes a work accident that injured them. However, pursuing a third-party claim while also obtaining workers’ comp benefits can be a complex process. Let our experienced legal team make sure that you get the full measure of financial recovery you need after being hurt on the job through no fault of your own.
If your work injury or illness may have been caused by the legal fault of a third party outside of your employer, reach out to our third-party claim attorneys in Tacoma for legal advice and a free initial consultation to discuss your eligibility for pursuing a third-party personal injury claim.
What Is A Third-Party Claim?
A third-party injury claim refers to a legal claim that a worker who suffers a work-related injury or occupational disease files against a person or company not associated with their employer. An injured worker is typically limited to pursuing workers’ compensation benefits, rather than filing a personal injury claim against their employer. However, when a third party bears legal responsibility for causing the worker’s injury, the worker can pursue an injury claim against that third party. Injured workers near Tacoma can pursue third-party injury claims and workers’ comp for compensation since third party claims can provide compensation when losses are not available under the workers’ compensation system.
Under Washington law, you have the right to pursue a third-party claim for a work injury. However, if you fail to timely exercise that right, the Washington Department of Labor & Industries can petition the court to have your third party claim assigned to L&I who can then pursue compensation from the third-party responsible for your work injury.
Compensation Available In Third-Party Claims
In a third-party injury claim, you can obtain financial compensation for expenses and losses from your injury, such as:
- Costs of treatment and rehabilitation of a work injury, including hospital care, surgeries, physical therapy, or prescription costs
- Costs of care for long-term or permanent disability
- Loss of wages/income after missing time from work due to a work injury
- Loss of earning capacity or employment benefits after being permanently disabled from gainful employment due to a work injury
- Pain and emotional distress or suffering
- Lost quality or enjoyment of life from permanent disabilities or visible disfigurement or scarring
Third-party claims provide compensation for some expenses or losses that are covered by workers’ compensation, in addition to offering financial recovery for other losses not available from workers’ comp. However, any recovery in a third-party claim may be subject to reimbursing L&I for workers’ comp benefits you have already been paid for losses and expenses.
How Third-Party Claim Attorneys In Washington State Can Assist With Your Case
If a third party bears responsibility for causing your work-related injury, turn to the third party claim attorneys in Tacoma at Smith Duran Law to help you pursue your legal rights by:
- Securing evidence from the workplace accident that caused your injury to show the third party’s liability for your injuries and losses
- Documenting the full extent of your expenses and losses
- Identifying all liable parties and potential sources of compensation, such as insurance coverage
- Filing your claims with the at-fault party or parties and insurance companies to pursue full compensation for you in a settlement if possible, or advocating on your behalf in court if necessary
How Long Do You Have To File A Third-Party Claim In Washington State?
If you have a personal injury claim against a third party for a work-related injury or illness, the statute of limitations in Washington state typically requires that a lawsuit on a personal injury claim be filed within three years of the date that you suffered your injury. This time limit might be extended in limited circumstances, so it is important to speak to one of our third-party claim attorneys in Washington State to learn more about how long you may have before you need to file a lawsuit to continue pursuing your claims.
Can You Recover For Medical Expenses And Lost Wages If You Have Already Received Workers’ Compensation Benefits?
Yes. However, if you recover compensation in a third-party injury claim, you are required to repay any workers’ compensation benefits you have received from the Department of Labor & Industries for an injury or disease that was caused by a third party. Proceeds from a third-party claim will be split between you and L&I according to a formula established under Washington state law.
Contact Our Firm For A Free Case Evaluation With A Third-Party Claim Attorney
If a party other than your employer bears legal fault for causing your work injury or occupational disease, you deserve to recover full compensation for your losses. Contact our legal firm today for a free, no-obligation case review to learn more about how we can assist you with pursuing maximum financial recovery in a third-party injury claim.