Learning about the importance of "third party claims" (Orego

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Learning about the importance of "third party claims" (Orego

Postby workingmansjustice.org on Fri Feb 10, 2012 5:15 pm

If a worker has been permanently injured and is unable to go back to work, he or she will not be well served by our workers comp system. That person and any dependent will likely be in a nightmare situation. It is very important in any case of serious long term disability that a third party claim is investigated and considered. A third party claim is a claim against any party OTHER than the employer who may be at fault such as the leasing agent of faulty equipment, or the same who did not properly train renters on the equipment, the manufacturer of faulty or defective equipment, negligent acts by a worker who is employed by a different company, a driver who collided with and injured the worker who does not work for the same company, etc. You get the idea. Many workers comp attorneys will say third party cases are rare but as a an investigator and story producer working with attorneys in Oregon and Texas, that has not been my experience. I would say it is more common than you would think. I will also say that for some injured workers it is their only chance to be compensated for all losses. I list a website here where you can learn more about third party claims: http://www.workingmansjustice.org or just google workers comp third party claims and you will find a lot of information that could make the difference if you or a family member have permanent or serious injury.

David Jones
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Re: Learning about the importance of "third party claims" (Orego

Postby gaiassoul1@yahoo.com on Fri Feb 10, 2012 7:36 pm

Third party claims are routine in California...the attorneys here have it down. This is a board for California's injured workers, they are as common as sunshine in Southern California...not a day goes by that you don't see them because there is an active applicant attorney organization that educates its community.
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Re: Learning about the importance of "third party claims" (Orego

Postby workingmansjustice.org on Mon Feb 13, 2012 11:51 am

Sure glad to hear it. Education for attorneys and the injured worker is key. I hope California is an exception to what I have seen so far. One attorney who I worked with on two third party claims was able to find when other attorneys did not, that there were actually two companies within one company. One incorporation or business entity hired the union workers and the other hired the non-union. Turns out the fatal injury to a non-union worker was caused by the union sides neglectful maintenance of excavation equipment. A bucket had a bad hook on it that needed replacing for about a year with operators complaining it was dangerous. Sling popped off while pulling a box and killed the man. Several attorneys looked at the case for the son who was left without his Dad or much income since he was disabled, and only the one I worked with was able to catch on that there were two separate businesses involved that went under one company name. Case settled out of court in favor of the dead man's family.

Sometimes it pays to have a smart lawyer. Sounds like California has a bunch of them.
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Re: Learning about the importance of "third party claims" (Orego

Postby ymcgavin@socal.rr.com on Mon Feb 13, 2012 5:12 pm

David Jones,

Echoing the post by gaiassoul1, check out the website for the California Applicant's Attorney Association: http://www.caaa.org

My company works in 38 States, and I have yet to come across a group of workers' compensation attorney specialists, anywhere, with the zeal and passion of CAAA.

York McGavin
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