Third-Party Claims After a Workplace Injury in Omaha

What Is a Third-Party Claim?

A third-party claim arises when someone other than your employer or a coworker causes or contributes to your workplace injury. Workers’ compensation generally protects employers from lawsuits by their own employees, but it does not shield outside companies or individuals whose carelessness played a role in the accident. Common sources of third-party liability include equipment manufacturers, subcontractors, property owners, delivery drivers, and vendors who visit a job site.

Because workers’ compensation and third-party claims involve different legal standards and different insurers, both cases can often move forward at the same time. We coordinate these claims so nothing gets overlooked and so any workers’ compensation benefits already received are properly accounted for in a later settlement or verdict.

Common Situations That Lead to Third-Party Claims

Third-party liability can arise in a wide range of workplace settings, and spotting it usually takes a careful look at how the injury actually happened. We often see these claims develop out of the following circumstances: 

• A defective tool, machine, or piece of equipment made by a manufacturer causes injury during normal use
• A subcontractor on a job site acts carelessly and injures a worker employed by a different company
• A commercial driver strikes a worker while making a delivery or performing a service call
• A property owner or maintenance company fails to correct a hazard on a job site they control
• A vendor or outside technician creates a dangerous condition while working alongside employees

Figuring out who is responsible takes real investigation, and it is not always obvious at the outset. Our attorneys examine incident reports, maintenance records, and witness accounts to help determine every party who may share responsibility for what happened.

Why Third-Party Claims Matter for Injured Workers

Workers’ compensation provides valuable benefits, but it has real limits. It generally covers a portion of lost wages and medical expenses, and it does not compensate you for pain and suffering, loss of enjoyment of life, or the full extent of your lost earning capacity. A successful third-party claim can help fill those gaps.

Attorney Ben Knowles has pointed out that insurance companies are in business to make money, and they make more money by paying claimants less. That does not change simply because an injury happened at work. Outside insurers handling a third-party claim have every incentive to minimize your payout, which is why having an attorney on your side from the earliest stages of your case can make a real difference.

How Our Firm Approaches These Cases

We work diligently, often seven days a week, to move cases forward so a fair result can be reached quickly. When we take on a third-party workplace injury claim, we start by gathering the evidence needed to establish liability, including electronic data when equipment or vehicles were involved, incident documentation, and statements from anyone who witnessed the accident. We also review medical documentation closely, since the strength of your damages often depends on records connecting your treatment directly to the incident.

According to data published by the Occupational Safety and Health Administration, workplace injuries have dropped substantially over the past several decades, yet serious incidents still occur every day across Nebraska industries. When they do, we work to make sure every liable party, not just an employer’s workers’ compensation carrier, is held accountable. We also walk clients through how a third-party recovery interacts with medical liens that may attach to a settlement, so there are no surprises once a case resolves.

If something can be done today, we do it. We do not wait until tomorrow, and if a responsible party or their insurer is not willing to offer a fair resolution, we are fully prepared to take the case to trial.

Contact Knowles Law Firm About Your Workplace Injury

If you were hurt on the job and think someone other than your employer may share responsibility, do not assume workers’ compensation is your only option. A brief conversation with our team can help clarify whether a third-party claim applies to your situation and what additional compensation you may be able to recover.

At Knowles Law Firm, every attorney is a member of the Knowles family, and we bring over 55 years of combined experience and a track record of securing multi-million-dollar settlements to every case we accept. We answer our own phones, return calls promptly, and give clients direct access to their attorney throughout the process. Contact us today to discuss your workplace injury and learn what your case may be worth.