Third-Party Claims

Third-Party Actions for Workplace Accidents

Nevada Workplace Accident Lawyers Helping Injured Workers Obtain Maximum Compensation

When someone is injured in an on-the-job accident or suffers a work-related illness, he or she is generally entitled to workers’ compensation benefits, which are paid by the employer or its insurance company. There are limits on the amount of workers’ compensation benefits that an injured worker can receive, however, and depending on the circumstances of the injury or illness, the worker may also be able to receive personal injury damages in a third-party action.

The Las Vegas workplace accident lawyers at Robert M. Apple & Associates have been helping injured workers obtain maximum financial recovery for more than 30 years. As with any accident or injury, it is important to act quickly to protect your legal rights after a workplace accident. Do not hesitate to contact Robert M. Apple & Associates at (702) 646-0085 to schedule a free, no-obligation consultation to learn more about workers’ compensation benefits and a possible third-party claim.

Although Nevada workers’ compensation laws prohibit injured workers from suing their employer following a workplace accident, depending on the circumstances, the injured worker may be able to bring a legal claim for personal injury damages against a negligent third party.

Third-party actions can apply in a number of situations, but they most often arise in the following work-related accidents:

  • Motor vehicle accidents, including work-related auto accidents and commercial trucking accidents. For instance, if an employee is injured in a car accident while driving to a client meeting, he or she may have a cause of action against the negligent motorist. Similarly, if a truck driver is injured in a motor vehicle accident while on the job, he or she may be able to collection compensation from any negligent third parties.
  • Construction/factory worker accidents. If a construction or factory worker is injured as a result of defective machinery or equipment, he or she might have a product liability claim against the manufacturer of the defective equipment. Additionally, the general contractor on a construction site is responsible for ensuring the safety of the subcontractors, and if he or she is negligent in supervising other workers on the construction site, liability could be assessed against the general contractor, as well.
  • Medical Malpractice. Regardless of the type or cause of a work-related injury, if a doctor or hospital fails to provide adequate medical treatment following the workplace accident, the doctor or hospital may be liable for exacerbating an employee’s injuries.
  • Slip and Fall Accidents. Property owners and operators may be liable for any accidents or injuries sustained while an employee is on his or her property. For instance, if a delivery driver is injured in a slip and fall accident while delivering a package because the property owner negligently failed to warn or repair a hazard on the property, the injured worker may be able to pursue a personal injury lawsuit against the property owner.

Personal Injury Damages Available in Third-Party Actions

While workers’ compensation benefits are limited to a percentage of the injured workers’ salary, third-party personal injury damages are not subject to such limitations. Instead, personal injury damages are calculated by taking into account a number of factors, including the specific legal claim and the circumstances of the accident, and may include:

  • Medical expenses (past and future)
  • Lost wages (past and future)
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

Contact a Nevada Accident and Injury Lawyer

The Las Vegas injury lawyers at Robert M. Apple & Associates focus on helping the victims of accidents, including work-related accidents, obtain maximum financial recovery. If you were injured in work-related accident, do not hesitate to contact Robert M. Apple & Associates at (702) 646-0085 today to schedule a free, no-obligation consultation to learn more about workers’ compensation benefits and a possible third-party personal injury claim.

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