Underlying Personal Injury Claims

Chris Sep 25, 2017

Does Your Work Injury Case Involve An Underlying Personal Injury Claim?

When someone other than your employer or a co-worker is responsible for your workplace injury, it may be appropriate for you to pursue a personal injury claim in addition to or instead of a workers’ compensation claim.

Third-party claims for work injuries should be pursued only with an experienced workers’ compensation or personal injury lawyer. At Schwartz Law Firm LLC, you get both. With offices in Metairie and Baton Rouge, we offer you a combined 25 years of trial experience and a proven track record of fighting for workers throughout southeast Louisiana.

You might have a third-party lawsuit AND workers’ comp benefits. We pursue all your claims to maximize your work injury case.

What Is Third-Party Liability?

Workers’ compensation is an “exclusive remedy.” In exchange for medical and wage benefits, you are not allowed to sue your co-workers or the company. However, there is no rule against suing individuals or entities who are not in your chain of employment.

Examples of cases in which you may have a third-party liability claim:

  • The manufacturer of workplace equipment or machinery that was defective
  • An on-the-job car or truck accident in which another motorist was at fault
  • A subcontractor, supplier or utility company who causes a construction site injury.
  • A fire or toxic exposure caused by dangerous chemicals

A third-party personal injury claim enables you to recover damages not available under workers’ comp, such as compensation for pain and suffering. You can pursue both workers’ comp and personal injury claims.

Why Do You Need A Lawyer?

You can be certain that your third-party claim will be opposed by a strong insurance defense team that will work day and night to minimize the value of your claim. You need a fighting trial lawyer on your side who will stop at nothing to maximize the value of your claim and zealously protect your rights throughout the legal process.

We will independently investigate your case, help you find top-quality medical care of your choosing and handle all upfront legal costs. While your personal injury case is pending, we will ensure that your workers’ compensation benefits continue.

Not all workers’ compensation claims involve underlying personal injuries. We will help you determine if your case does and if such a claim is worth pursuing beyond the workers’ compensation benefits you are entitled to receive for your injury.

Get A Free Initial Consultation With One Of Our Attorneys

Please call us at 504-837-2263 to schedule a meeting with our team. We are available 24/7 by phone and email, and we look forward to speaking with you.

About Author: Chris

Legal Support and Marketing Director

Schwartz Law Firm was founded by Christopher Schwartz in 1997. After obtaining his MBA and law degrees, Christopher Schwartz served as a Workers Compensation claims adjuster. This experience gave him a view of the system from the inside and inspired him to begin his own practice. Christopher Schwartz has successfully represented many injured employees in Longshore claims, Jones Act claims, and Personal Injury claims. He is a tough negotiator, whose track record includes multi-million dollar verdicts and settlements. Chris has also authored a book titled “The Road to Justice”. In his book, Chris outlines how he and his colleagues fight for public safety and what role his clients can play in winning their own personal injury cases. Chris is a native of New Orleans and has practiced law in Louisiana for 14 years. As a result, he understands local laws and feels a special loyalty to local people. He takes every case personally. Chris is available to represent clients anywhere in Louisiana and Maritime clients anywhere in the Gulf South. But he is also qualified to represent Defense Base Act clients anywhere in the world outside the U.S. He also focuses on auto accidents, semi-trailer accidents, 18-wheeler accidents and slip & fall accidents.