How to Sue a Third Party After a Work Injury

Work with a lawyer who will help guide you on how to sue a third party after a work injury. Your attorney learns about your injury and determines who is liable. If you partner with an Atlanta workers’ compensation lawyer, you could file a lawsuit against a third party at fault for your injury and seek benefits via your employer’s insurance coverage. 

For more than 25 years, our team has helped clients sue third parties after work injuries. Give us the opportunity to represent you in your case against a negligent third party. Contact us for more information. 

How to Sue a Third Party After a Work Injury in Georgia

Consult with a lawyer to learn about topics related to Georgia work injury claims. Your attorney can review your case and determine if a third-party claim is warranted. If so, here are the steps you will need to complete to sue a third party following a work injury in Georgia. 

Meet with a Doctor

Put your health and well-being front and center. Have a doctor conduct a medical evaluation and administer treatment, as this minimizes the risk that your injury will get worse. 

Your lawyer can explain if you can choose your own doctor for a work injury and help you select one that aligns with your employer’s workers’ comp coverage.

Determine Who Is to Blame 

If your employer is liable for your injury, you could have grounds for a workers’ compensation claim. 

Alternatively, if a product manufacturer, property owner, or another third party is at fault, you could file a personal injury lawsuit against them. In some instances, it may be worthwhile to both sue a third party after a workplace injury and request workers’ comp benefits. 

Submit a Workers’ Compensation Claim

Your lawyer can help you file a workers’ compensation claim promptly, regardless of whether you intend to move forward with a third-party lawsuit. 

It is your responsibility to submit this claim within 30 days of when your work injury happens. Your employer’s insurer has 21 days to assess your claim and determine if it is valid. 

Build a Body of Evidence

Medical records, witness statements, and other evidence can help you prove you are not at fault for your work injury. Your attorney gathers and evaluates evidence with you. They can prepare a body of proof that could compel your employer’s insurance company to offer full workers’ comp benefits and a liable third party to provide a fair settlement. 

Continue to Receive Medical Care

Follow your doctor’s orders and keep getting medical treatment. As you do, add to your body of proof. Keep your lawyer updated, and they will continue to do everything within their power to help you recover compensation via a workers’ comp claim, a lawsuit against a third party after a work injury, or both. 

With workers’ comp, you can recover compensation for your medical bills and lost income, while with a third-party lawsuit, you can request economic and non-economic damages. Discuss your workers’ compensation claim and third-party lawsuit with the team at John Foy & Associates. Reach out to us to learn how we can help you achieve your desired case results. 

How Much Time You Have to Sue a Third Party After a Work Injury

The statute of limitations for a personal injury lawsuit is two years. If you want to sue a third party due to a work injury, you may have up to two years to do so. Beyond this window, you could be solely responsible for your injury-related losses. 

Sadly, a family member can die due to an injury at work. This can be devastating for you and other surviving family members. A wrongful death lawyer can assist you during this challenging time in your life, as they can handle a third-party work injury lawsuit on your behalf. 

With a wrongful death lawsuit, you have two years to sue a liable party. An Atlanta wrongful death lawyer is empathetic, and they provide legal services and support as you cope with the loss of your loved one. Your attorney can submit your lawsuit and argue your case, and you and your loved ones can focus on caring for one another as you mourn your family member’s death.  

What to Expect if You Sue a Third Party After a Workplace Injury

Unfortunately, the legal process offers no guarantees, particularly for those involved in third-party workplace injury lawsuits. You and your lawyer can work together to prove a third party was negligent. To validate this point, you must show that the following elements of negligence were present when you suffered your injury:

• Duty of Care: It was reasonable to expect a party to take precautions to prevent you and others from getting hurt. 
• Breach of Duty of Care: This party ignored their duty of care and, as a result, put you and others in danger. 
• Causation: Because of the party’s actions, you got hurt at work.
• Damages: You are dealing with medical bills, lost wages, pain and suffering, and other quantifiable and subjective losses relating to your on-the-job injury. 

If you are unsure of what to do if you get injured at work, request legal help. Choose an attorney who has received many positive client testimonials to represent you. They could help you receive a settlement that meets your expectations. 

Settling a Third-Party Work Injury Lawsuit

A liable party could propose a settlement, which will give you a portion of the damages you requested for your on-the-job injury. If this happens, your lawyer will let you know about their offer. They can review it with you and explain its pros and cons. 

You are not legally required to examine a settlement offer. If you do, you may find it gives you adequate compensation. You may want to approve the proposal, which enables you to secure compensation without going to trial. 

On the other hand, a third party could submit a lowball settlement offer. In this instance, accepting the proposal could do more harm than good. Thus, it may be best to decline the offer and continue with your litigation. 

Work With a Lawyer Who Prioritizes Your Best Interests

John Foy & Associates understands the challenges you will face if you try to sue a third party based on a work injury. We are here to assist you at each stage of your legal proceedings. Schedule a free case consultation with our team.