Knowledgeable Attorneys Explain When Oklahoma Injury Victims Can File Third-Party Claims
Strong representation in work negligence and product liability claims
Injured employees have the right to file for workers’ compensation benefits if they are hurt at work. But what if a company or person other than the employer caused your injuries? What if you were a hurt but you were not an employee? The answer is that employees have the right to sue third parties if they caused their injuries. Contractors can sue any responsible party if their negligence or a product defect caused them pain.
At Stipe Law Firm, our Oklahoma third party work injury lawyers understand the differences between workers’ compensation claims and third-party claims. The key difference is that in third-party claims and claims against non-employers, the injured victims can demand payment for their physical pain and emotional suffering. The injured claimant can also demand 100% of the wage loss and not just 70% of the loss. Trials are heard before a jury of your peers instead of a workers’ compensation hearing officer. Our lawyers have obtained substantial personal jury verdicts and negotiated large settlements for many of our clients who were hurt at work, and we can help you too.
Types of claims injured workers can bring against non-employers
Filing a third-party claim can be a complicated process. Workers who are employees generally file two claims. The first is the workers’ compensation claim. The second claim is the lawsuit against a responsible third party. Claimants do not have to prove fault in a workers’ compensation case. In direct third-party cases, the claimant normally has to show fault or that a defective product caused their injuries.
Independent contractors are not employed by a company. They are normally hired to do work for a short period of time. If an independent contractor is hurt, this worker can bring a claim against anyone or any company responsible.
Our Oklahoma third-party work injury attorneys help you understand when workers can bring multiple claims and what types of claims can be brought. When possible, we seek to bring third-party claims because pain and suffering is often the largest component of any damage case.
Common third-party claims
Some scenarios where an employee can bring a claim against a third-party or an independent contract worker can bring a direct claim include:
- Product liability cases. If the worker used a tool or piece of equipment that was poorly designed, improperly manufactured, or came with faulty instructions, then the worker can sue the manufacturer and other parties. You must show that the product was defective and that the defect caused the worker’s injuries.
- Construction accidents. In construction work, there are often multiple companies involved. The construction site owner usually contracts with a general contractor who, in turn, may employ many subcontractors. A worker is typically an employee of just one company. If another company failed to protect the worker, then a claim against this other company, the third party, can be brought.
- Vehicle accident cases. If an employee is hurt in a car, truck, or any type of vehicle accident, the employee can normally bring a third-party claim against the other driver and the owner of the vehicle that caused the accident.
- Premises liability. Employees who are injured while working on someone’s property, other than the employer, can file a claim against the owner of the property.
To learn more about whether you have a viable third-party claim, turn to Stipe Law. We’ll give you an honest assessment of your claim and help guide you through the process.
Make an appointment with an experienced Oklahoma workers’ compensation attorney today
If you have been injured in the workplace, you deserve all the compensation the law allows. You should not assume that because you bring a workers’ compensation claim that you cannot also bring other claims. At Stipe Law Firm, our Oklahoma work injury lawyers bring all the legal claims that apply to each client’s circumstance. Call us today at 918-558-2255 or use our contact form to schedule a no-obligation initial consultation. From our office located in McAlester, we represent clients throughout the state.