When an Indiana Workplace Injury Involves More Than Your Employer or Co-worker

When you are injured at work, it is natural to assume that worker's compensation is the only path forward. Your immediate concerns are likely getting the medical care you need, recovering from your injuries, and figuring out how your family will manage if you cannot work. Worker's compensation may provide important benefits for medical treatment and a portion of your lost wages, but it may not be the only legal recourse you may have for your injuries. If someone other than your co-worker or your employer caused or contributed to the accident, you may have additional rights that are important to understand.

A third party may have caused or contributed to your injury in a number of ways. Another contractor may have created a dangerous condition, defective equipment may have failed, or a property owner may have neglected a known safety hazard. In other cases, an outside trucking company, maintenance contractor, or another business may have played a role in the accident. Identifying those circumstances is an important part of determining whether you have a third-party claim in addition to your worker's compensation claim.

At Allen Law Group, we represent injured workers throughout Indiana. We look beyond the worker's compensation claim to understand how the accident happened, who was involved, and whether another person or company should be held responsible for the harm you suffered.

You May Have More Options Than You Realize

After a workplace accident, your focus is probably not on determining which companies may be legally responsible for what happened. You are more likely concerned about the extent of your injuries, whether you will be able to return to work, how your family will manage financially, and what your recovery may look like in the months and years ahead. When you are already dealing with the physical and emotional effects of a serious injury, you should not also have to become an expert in personal injury law to understand your rights. This is where an experienced attorney can help.

The experienced attorneys at Allen Law Group investigate the circumstances surrounding your injury to determine whether someone other than your employer or co-worker may have caused or contributed to what happened. Sometimes that responsibility is obvious. Other times, it takes a thorough investigation to uncover.

We believe injured workers deserve to know all of their options before making decisions about their future.

What Is a Third-Party Claim?

Worker's compensation is generally the first source of benefits when someone is injured while working within the course and scope of their employment. It can provide important medical and wage-related benefits without requiring the worker to prove that the employer was negligent. But worker's compensation does not provide every type of compensation that may be available under Indiana law.

A third-party claim is different.

If a person or company other than your employer or co-worker negligently caused or contributed to your injury, you may be able to pursue a separate civil claim against that party. Depending on the circumstances, a third-party claim may provide compensation for losses that worker's compensation does not cover, including pain and suffering, loss of normal life, future losses, and other damages associated with a serious injury. That distinction can become especially important when an injury is permanent.

A worker's compensation claim may help with your immediate medical treatment and lost wages, but it may not address everything that a serious injury can mean for your future. An injury may prevent you from returning to the career you spent years building or leave you facing additional surgeries, ongoing medical care, or permanent limitations. Things that once seemed ordinary, working, caring for your children, spending time with your spouse, or participating in activities you enjoyed, may become much more difficult. Those changes are part of the real impact of a serious workplace injury.

Worker's Compensation and a Third-Party Claim Can Exist at the Same Time

Having a third-party claim does not necessarily mean that you have to choose between pursuing worker's compensation benefits and pursuing another responsible party. In many cases, the two claims move forward at the same time. Worker's compensation may provide benefits while you are receiving treatment and recovering from your injuries. A third-party case may address the broader damages caused by another person's or company's negligence.

There can be issues involving worker's compensation liens, insurance companies, settlements, medical records, and the timing of each claim that impacts the other. Decisions made in one case can affect the other. You should not have to figure out how those claims fit together on your own. Our attorneys work to coordinate the different aspects of your case while protecting your rights and the benefits available to you.

Who Could Be a Third Party?

The answer depends entirely on how your accident happened.

You may have been working alongside another contractor when that contractor's employee created a dangerous condition. Or, you may have been injured by a defective machine manufactured by another company. Your loved one may have been working on property where the owner failed to address a known hazard.

Other examples of a third party could be an outside trucking company or delivery driver that caused a collision while you are working. A maintenance contractor could have performed work that created an unsafe condition, or it is possible a company responsible for industrial equipment could have failed to properly design, manufacture, or maintain it.

As you can see from the examples above, several companies may have caused or contributed to the same accident. Our job is to follow the evidence rather than assume that the employer is the only party involved as each case is fact specific.

Serious Work Injuries Can Affect the Rest of Your Life

Third-party claims can be especially important when a workplace accident results in a serious or permanent injury. A traumatic brain injury may affect a person's memory, communication, concentration, or relationships with the people around them. A spinal cord injury can result in paralysis and the loss of independence, while an amputation may require someone to relearn everyday activities and adjust to a future they never anticipated. Other catastrophic injuries, including severe fractures, crush injuries, burns, and internal injuries, can require extensive medical treatment and rehabilitation and may leave lasting physical limitations. For an injured worker and their family, these changes can affect far more than the ability to work, they can alter nearly every part of daily life.

When a workplace accident takes a life, the family left behind may face not only unimaginable grief but also the financial consequences of losing someone they depended upon. For an injured worker, the consequences of a serious injury can extend well beyond medical treatment and recovery. The injury may affect their career, relationships, independence, and ability to participate in everyday life. Our attorneys work to understand and document these consequences, so the full impact of the injury is properly considered.

Construction Sites and Union Work Can Involve Multiple Companies

Construction sites are a common example of situations where third-party liability can arise. You may be employed by one company while working beside several other contractors and tradesman. A subcontractor may control a particular piece of equipment or portion of the jobsite. A property owner or general contractor may have responsibilities involving the work environment. If something goes wrong, determining who was responsible can require a careful examination of contracts, safety procedures, equipment, communications, and the actions of everyone involved.

We represent workers injured in falls, equipment accidents, electrical incidents, crane and hoist accidents, scaffolding failures, and other serious construction-related incidents. The same principle applies to industrial facilities, manufacturing plants, transportation operations, warehouses, and other complex workplaces.

We Look Beyond the Accident to Understand What Happened

A serious injury can happen in seconds. Understanding why it happened can take much longer. That is why our investigation may involve examining the equipment involved in the accident, maintenance and inspection records, safety procedures, photographs and video, witness accounts, company records, contracts, and other evidence.

When necessary, we work with engineers, safety professionals, medical specialists, and other qualified experts to understand complicated issues. We may investigate whether an equipment defect, unsafe maintenance, inadequate safety measures, contractor negligence, or another preventable condition contributed to your injury. And we work to identify every potentially responsible party before important evidence disappears.

You Deserve an Attorney Who Understands What Is at Stake

A serious workplace injury can leave you feeling as though your future has been taken out of your hands, or you may not know whether you will be able to return to work. You may not know how you will pay for everything, and you may be frustrated by how slowly recovery is moving. You may feel as though everyone is talking about your case, your injury, or your benefits while no one is asking what this experience has actually been like for you.

At Allen Law Group, we want you to feel heard.

We take the time to understand what happened, how you have been affected, and what you and your family may need in the future. We explain the legal process in terms you can understand and keep you informed as your case progresses. You should never feel like just another claim number. You are a person whose life has changed, and we treat your case that way.

Understanding Your Rights After a Workplace Injury in Indiana

You may already have a worker's compensation claim and may already be receiving benefits. Or, you may even have been told that worker's compensation is the only option available to you. But if another person or company caused or contributed to your injury, it is worth finding out whether you have additional legal rights. You do not need to know the answer before you call us. Tell us what happened, and who was there. It is important that you share with us what you remember. We will investigate the rest.

Allen Law Group represents injured workers throughout Indiana in third-party liability matters. Our attorneys will help you understand your options and determine whether another party may be responsible for the harm you have suffered.

You focus on healing. Let us focus on finding out who is responsible. Contact Allen Law Group today for a free consultation. You pay nothing until we win.

Allen Law Group Represents Victims of Workplace Accidents Across Indiana, Including:

• Auburn
• Chesterton
• Columbia City
• Crawfordsville
• Crown Point
• East Chicago
• Elkhart
• Fort Wayne
• Gary
• Goshen
• Granger
• Hammond
• Hobart
• Lafayette
• Merrillville
• Michigan City
• Mishawaka
• Munster
• New Carlisle
• South Bend
• Valparaiso
• Warsaw