Third-Party Claims vs. Workers’ Comp: What’s the Difference?

In terms of the difference between third-party claims vs. workers’ compensation, the party covering the injured party’s losses varies. Also, an individual can recover both economic and non-economic damages in a third-party claim. Meanwhile, in a workers’ comp claim, this party may get compensation for their medical bills, lost income, and similar quantifiable losses. 

Our team has been helping our clients recover damages via third-party claims and workers’ compensation cases for more than 25 years. We can teach you about the differences between third-party claims and workers’ comp. Schedule a free case consultation with an Atlanta workers’ compensation lawyer from our team.

How a Third-Party Claim Works

As far as third-party claims vs. workers’ comp, the former involves a party other than your employer. For example, you get hurt at work due to a defective product or property hazard. You can recover damages relating to your injury without having to file a workers’ comp claim. 

In a third-party case, a product manufacturer, property owner, or another party other than an employer is liable. You could request economic and non-economic damages in a lawsuit against an at-fault party. Damages you can receive include medical expenses, lost wages, and pain and suffering. 

The team at John Foy & Associates can explain what kind of damages you can sue for in an accident in Georgia. If you are interested in submitting a third-party claim, we are here to help you out. Contact us for more information. 

What to Expect with Workers’ Compensation

You can file a workers’ compensation claim in Georgia if you suffer an on-the-job injury. With this claim, you request compensation for medical bills and loss of income. The compensation comes from your employer’s insurance provider. 

The statute of limitations for workers’ compensation in Georgia is one year. If you are injured at work, notify your employer and open a workers’ comp claim immediately. Otherwise, you could lose your right to pursue workers’ comp benefits. 

Filing a workers’ comp claim does not prevent you from getting damages via a lawsuit against a third party. If you are weighing the pros and cons of both claim options, meet with a lawyer who has achieved outstanding case results. Your lawyer can guide you through the legal process and help you determine if you should file a third-party claim, workers’ comp request, or both. 

How Much a Third-Party or Workers’ Comp Claim Is Worth

Consider your losses as you assess third-party claims vs. workers’ comp. Your lawyer can calculate your quantifiable and subjective losses. They may encourage you to seek compensation for many reasons, such as:

• Lost income
• Medical expenses
• Pain and suffering
• Loss of enjoyment

With workers’ comp, you could get compensation for losses you can quantify. Meanwhile, with a third-party claim, you may recover damages for quantifiable and subjective harm. 

Choose a lawyer who has received many positive client testimonials as your legal representation, and you can build a case that helps you secure full damages for your losses. 

Evidence You Can Use in Third-Party and Workers’ Compensation Claims

Saying you deserve compensation via a third-party or workers’ comp claim is not enough to get money relating to a workplace injury. It is paramount to gather evidence to support your claim. Proof you can use to show you are not liable for your injury includes:

• Accident scene photos and videos
• Medical records
• Witness statements
• Employment records

Together, you and your attorney can review the proof at your disposal. If you have an abundance of proof, it may be clear that you should not be held accountable for your injury. Alternatively, a liable party could offer a settlement, which allows you to get fair compensation. 

Settling a Third-Party or Workers’ Compensation Claim

Your lawyer can explain how settlements get paid in third-party and workers’ comp cases. With a third-party claim, a liable party could offer a settlement prior to a trial. In a workers’ compensation case, your employer’s insurance company could provide a settlement based on your losses. 

Just because you receive a settlement offer does not mean you have to approve it. Your lawyer can help you evaluate a settlement and what it entails. They can advise you about the proposal, and you can make the final decision on whether to move forward with it. 

It is in your best interests to accept a settlement only if it provides you with adequate compensation. If a settlement falls short of what you want and you approve it, you will wind up having to cover some or most of your injury-related losses by yourself. Conversely, you can decline an offer and have your lawyer continue to negotiate on your behalf. 

Third-Party and Workers’ Comp Claim Tips

Prepare a body of evidence that highlights the severity of your injury and who is responsible for it. Your lawyer will consider a wide range of evidence for your claim. They will account for how a third party or your employer’s insurer will dispute your request for compensation and use evidence to disprove their case against you. 

If you receive a settlement offer, review it with your lawyer. You do not have to accept the initial settlement proposal you get, and doing so may do more harm than good in the long run. By evaluating a proposal with your attorney, you can get insights into the offer and make an informed decision about it. 

Continue to take care of yourself as you move through the claims process. If you require physical therapy and other ongoing medical treatments, get them and track the costs associated with them. This helps improve your health and well-being and gather additional evidence to strengthen your case. 

Ask The Strong Arm to Help You with Your Third-Party or Workers’ Comp Claim

When it comes to third-party claims and workers’ compensation, legal help is available. Work with the team at John Foy & Associates, and we will protect your legal rights and represent your best interests throughout the claims process. 

Request a free case consultation with our team.