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Third-Party Claims

There are cases where there are third party claim involving workers compensation claims. In order for a third-party claim to occur, the employee is hurt due to the negligence of another person, where the tortfeasor may not be employed by the same person who was hurt on the job. You must follow specific rules if these claims occur in your case even if the negligent worker is the supervisor of the injured worker. A third party claim generally means that another party is liable for the damages caused due to their negligence. In the workers compensation law, third party claim can occur when the injury arises out of and in the course of employment. Many items are interplay when dealing with a third-party claim and workers compensation claim. First of all, the workers compensation insurance company will have a lien on any funds received in the third-party claim. The amount of the lien would be limited to benefits paid to the injured employee and excluding any legal fees and costs. Under Maryland law, an attorney can reduce the lien by a certain percentage if the attorney is able to recover anything out of the third-party claim. The lien is the benefits paid to the injured employee, but not the costs of the insurer such as independent medical evaluations, investigations, attorney fees incurred by the insurer, or case evaluators. Lien does not have to be a set amount where it can be negotiated such as a recovery for the third party or settlement. Each case has to be reviewed due to its unique facts and circumstances because it is not one size fits all situation.

If an injured employee acquires funds from a third-party claim and satisfy the lien, any additional funds for which the injured employee recovers in the third-party claim can be credited to future workers compensation payments. In order to receive PIP benefits, if the employee does not file the worker’s compensation employee claim form, the employee has the right to collect PIP benefits first. The employee can receive to elect PIP and once PIP is exhausted and then use worker compensation benefits. If the insurance company objects to doing in that way, it may be counter-productive to use PIP and file a PIP lawsuit. Most of the time this is handled by the injured worker’s lawyer when there is a claim for both by the injured worker and the employer. If the employee does not file suit, the employer does have a right to file a lawsuit against the negligent party.

Keep in mind that workers compensation claim does not include pain and suffering like it does in negligence cases. If your job requires you to travel, regardless if the car accident is your fault or not, you will likely to have a workers’ compensation claim.

As your Frederick Maryland Workers Compensation Attorney with regards to Maryland Workers Compensation Process, the Firm is here to serve Frederick, Montgomery, Washington, and Carroll Counties as well as the remaining Maryland area. The Firm would like to be your Frederick Maryland Workers Compensation Lawyer with regards to the Maryland Workers Compensation Process. You can contact the Soubra Law Firm at 301-219-5038 or through information link from this website.

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