WLKY News reported that an SUV crashed into Denny’s restaurant at Crittenden Dr. and Eastern Parkway. There were people inside the restaurant at the time. Reports indicate that 9 people were taken to the hospital. Some of the victims may have what is known as a “third party claim.”
Each of the injured customers have a personal injury claim, similar to other pedestrian collisions we’ve discussed, previously. Most would think the injured workers at Denny’s would only have a workers’ compensation claim, because they were injured on the job.
However, this is one of those special cases in which there’s a “third party claim.” In other words, the employees may be able to file personal injury claims against the driver of the SUV, in addition to the workers’ compensation claims.
Third-party claims often arise when delivery trucks, sub-contractors or other businesses cause an injury to an employee. For instance, if you worked construction but were hit by an express mail service’s vehicle at the jobsite, you’d potentially have a third party claim. While the express mail carrier doesn’t work for the employer, the injury occurred on company premises.
Some firms focus strongly on the workers’ comp aspect of the case and may neglect to fully understand the additional injury claim. In some cases, the third-party claim could result in a more significant award than the workers’ compensation benefits. This is especially true if gross-negligence can be proven.
Another example to consider is if a piece of machinery fails and causes an injury to a worker. If your attorney can prove that the machinery was improperly installed by the sub-contractor, a third-party claim may be pursuable in court.
Hargadon, Lenihan and Herrington has years of experience dealing with third-party claims, and workers’ compensation claims. We thoroughly investigate the evidence to identify all potential forms of insurance and liability that may provide additional sources of financial benefits for our clients.
If you, or your family member has been injured on the job or requires assistance with a third party claim for injury, we can help to determine how best to pursue the benefits and compensation you deserve. Our office is located in downtown Louisville, but we cover the entire state of Kentucky and have taken cases across the US. We invite you to contact us or call 502-583-9701 for a free consultation.