Third-Party Claims: Recovering More for Your Injury
For over 16 years, Askeroth Law Group has helped injured workers successfully recover millions of dollars in third-party claims.
What is a Third-Party Claim?
A third-party claim is a personal injury case filed when an injured worker’s accident is caused by the negligence of someone other than their employer or a co-employee. This claim is pursued in addition to a standard workers’ compensation claim.
Hen successfully executed, the injured worker obtains benefits and compensation throught the workers’ compensation systemt AND a settlement against the responsible third party for damages not covered through workers’ compensation.
Example Scenario
If a delivery driver (Bob) is injured in a car crash caused by another negligent driver while making a delivery, Bob has both a workers’ compensation case (since he was on the job) and a third-party personal injury claim (against the negligent driver).
Workers’ Compensation Reimbursement (The Subrogation Lien)
If you recover money from a third-party claim, Nevada law requires you to reimburse the workers’ compensation insurer for benefits paid, such as medical bills and wage loss. However, this reimbursement amount (called a subrogation lien) is typically substantially reduced. Because of this reduction, pursuing both claims generally results in a higher net recovery for the injured worker.
Why Pursue Both Claims Simultaneously?
It is almost always in your best interest to file a workers’ compensation claim and pursue a third-party claim at the same time. Forgoing the workers’ compensation claim means giving up critical benefits like:
- Payment of all medically necessary procedures
- Lifetime medical benefits
- Lifetime reopening rights
- Retraining if you’re unable to return to your previsou employment
- Wage Loss Benefits
- Permanent Disability Payments