Experiencing a work injury due to a third party's negligence can be devastating, leaving you grappling with physical pain, emotional distress, and financial insecurity. Understanding your rights is critical, as third-party negligence opens up additional avenues for compensation beyond traditional workers’ compensation claims. Unfortunately, some third parties may use tactics to avoid liability. Being aware of these strategies—and how to protect yourself—is key to securing the compensation and justice you deserve.
At Rourke & Blumenthal, we’ve compiled this essential guide to navigating workplace accidents caused by third parties and how we can assist you every step of the way.
5 Common Third-Party Tactics After an Accident and How to Counter Them
Even when your work accident involves third-party negligence, third parties may attempt to minimize their involvement. Knowing what to expect—and how to respond—will help you safeguard your claim.
1. Downplaying the Severity of Your Injury
Third parties may argue that your injuries aren’t serious enough to require time off or medical attention, possibly claiming the injury isn’t linked to the workplace or work-related travel.
How to Counter: Seek immediate medical attention following the injury, even if it seems minor. A healthcare professional can document your injuries, connecting them directly to the workplace accident. These records will be critical when pursuing compensation.
2. Prolonging the Investigation
Liable third parties often resort to delaying tactics to wear down the injured worker and avoid accountability. One common approach is requesting excessive or unnecessary documentation. They may claim critical evidence is missing or demand additional paperwork, prolonging the investigation process.
How to Counter: For third-party negligence claims, consult an experienced attorney to address any resistance or delays.
3. Pressuring You to Return to Work Prematurely
You might be encouraged to resume work before you’re physically ready, risking further injury and complicating your recovery.
How to Counter: Always prioritize medical advice over outside pressure. A doctor’s clearance is vital before returning to work. Document any instances of being pressured to return too soon.
4. Retaliating After Reporting the Incident
Fear of retaliation—such as being fired, demoted, or reassigned—is a common reason employees hesitate to report third-party workplace injuries. Retaliation is illegal under Ohio law but, unfortunately, still happens.
How to Counter: Record any changes in your job status or treatment after reporting an injury. If you suspect retaliation, consult an attorney immediately to protect your rights.
5. Offering Quick, Low Settlements
Third-party insurers might approach you with fast settlements to minimize payouts. These offers often don’t reflect the severity of your injury or long-term costs.
How to Counter: Never accept a settlement without consulting a legal professional. An experienced attorney can assess the true value of your claim and negotiate on your behalf for fair compensation.
Staying Proactive After a Workplace Injury
When dealing with workplace accidents caused by third-party negligence, it’s essential to be proactive in protecting your rights.
Here’s how to build a strong case from the start:
- Document Everything: Take photos of the accident site, injuries, defective equipment, or unsafe conditions. Collect witness statements and preserve any physical evidence, if possible.
- Track Medical Records and Expenses: Keep detailed records of all medical treatments, prescriptions, and related costs. These will support your claim for compensation.
- Know Your Legal Rights: Familiarize yourself with requirements for third-party claims such as product liability or premises liability. Acting within these guidelines strengthens your case.
- Consult an Experienced Attorney: Navigating third-party claims efficiently often requires legal guidance. An attorney can help you determine liability, take action against negligent parties, and secure the compensation you deserve.
At Rourke & Blumenthal, we fully understand the challenges injured workers face—especially when third-party negligence is involved. Our team of Columbus attorneys specializes in workplace injuries, product liability, and premises liability, giving us the expertise to handle even the most complex cases.
We’ll advocate for your rights, whether pursuing a third-party claim, or taking your case to court if necessary. From investigating defective equipment to holding property owners accountable for unsafe conditions, we’re here to help you recover both physically and financially.
Don’t face this battle alone. Contact Rourke & Blumenthal for a free consultation, and let us help you protect your rights and focus on your recovery.