When Do You Have a Third Party Claim

Written by Emily

“Third party claim” is a phrase you’ll probably only hear once you’ve been injured and are trying to file an injury claim. It is called a third party claim because in an injury case, you are the first party, the person/company that caused your injuries is the second party, and any other company/person is the third party. You could have a third party claim if:

  • Your injury was caused by someone other than your employer. If another employee, contractor, company, or other entity caused your injury, then you may be able to seek compensation by pursuing a claim against a party other than your employer.
  • Your injury was caused by a malfunctioning piece of equipment. If an equipment defect was responsible for causing your  injury, you may be able to pursue a separate claim against the manufacturer of that equipment.
  • Your injury was caused by contact with a toxic substance. Similar to defective equipment claims, a worker who is injured by toxic substances used in the workplace may have the right to pursue a claim against the manufacturer.
  • Your injury was caused by hazardous work conditions. If you sustained an injury due to hazardous or unsafe working conditions, you may have a claim against the state.
  • You sustained a work-related injury in a motor vehicle accident. In some situations, you may be able to pursue a personal injury claim against the other driver or drivers who caused your injury at work.
  • You were traveling on a cruise and were hurt while on an excursion operated by another company, such as a tour bus company.
  • You were hurt in a car or bus wreck, but the crash was caused by a defective piece of equipment or another vehicle.

How to find out if you have a third party claim

These claims can be more valuable than your original claim, especially if you were hurt on the job. Because these claims are in addition to your injury case , they require an experienced attorney to identify the third party case and successfully litigate it for you. For that reason, you should always consult with an experienced attorney about your case. At our firm, when potential clients meet with us about their case, we tell them right away if, based on our experience, they have a third party claim. We then discuss with them how the third party claim would be incorporated into our case strategy.

To find out if you have a third party claim, contact our experienced, board certified attorneys. We will review your case for you, walk you through all of your options, and explain what will happen if you hire us to pursue your third party claim. Get your free and confidential case review today. Call us at 877-724-7800 or fill out the online contact form.

Emily Corwin


Leave a Reply

Your email address will not be published. Required fields are marked *