Can a Boise Workers Comp Attorney Help in Third-Party Liability Cases?

Can a Boise Workers Comp Lawyer Help in Third-Party Liability Cases?

Employers are usually blamed for all work-related injuries and diseases of their employees. But what happens when another party shares or is at fault? To find out, you should consult a Boise workers’ comp attorney.

Sure, you can always do your research on Idaho workers’ compensation law. Sadly, you will only find general information and references to other law excerpts. Each case is unique and most legal stipulations leave room for interpretation. Applying them to your particular situation will surely be a challenge.

Until you get legal help, you will find a simplified overview of Idaho law in the following lines.

Third-Party Liability through the Eyes of a Boise Workers’ Comp Attorney

No matter if another party contributed to your injury or disease, you should still claim workers’ comp benefits. If your suspicions regarding a third-party’s fault confirm, you can take action against the third-party as well. Otherwise put, it is possible to receive workers’ compensation benefits and sue the third-party as well.

Your employer has the right to sue the third-party, too. The law actually allows you to work with your employer in taking action against the third party. It is important to note that any references to employer include their workers’ compensation insurance company.

Also, keep in mind that actions against third-parties usually involve complex personal injury lawsuits. In personal injury cases, the burden of proof falls on the claimant. Comparative negligence rules apply as well.

To increase your chances of obtaining a fair compensation, you should seek legal advice. Working with a workers’ comp attorney will also help you save time and effort. The latter will take over all hassles and just report to you.

Idaho Workers’ Compensation Law on Employer’s Involvement and Rights in Third-Party Claims

According to Idaho Statutes Section 72-223, your employer has a subrogated claim to yours. The stipulation refers to situations when you receive workers’ compensation benefits and also obtain compensation from a third-party.

Your employer has the right to recover some or all of their losses in your case. However, there is one instance when your employer loses their right to recovery. That happens when they contributed to your injuries.

An Idaho workers’ comp attorney can review your case and explain the rights of each party. If your employer shares liability, they can help you prove it. This way, any money you recover from the third party will be yours alone.

If you cannot prove employer liability, the attorney can intermediate the relation with them. They will negotiate with the employer on your behalf to avoid paying your employer more than they should receive.

A sensitive issue in many workers’ compensation cases involving third-party liability are attorney fees. Most of the times, the parties cannot agree on who should cover them. Under the circumstances, most cases turn into employer-employee disputes.

Employer-Employee Disputes and the How a Boise Workers’ Comp Attorney Can Help

These disputes are settled by the Idaho Industrial Commission. The Commission decides when an employer loses their right to recovery. To reach a verdict, they will take into account any testimony and evidence provided by the parties.

Anticipating the verdict of the Commission can be difficult for an inexperienced employee. Obtaining a favorable verdict is even more challenging. The hearings held by the Idaho Industrial Commission often resemble a court trial. The parties need to prove their claims.

Your opponent will probably be a reputable insurance company. They will have access to an unlimited budget and a versed Boise workers’ comp attorney to defend their interests. Sooner or later, they will find a way to deprive your of the compensation you obtain from the third party. If they cannot, they will trick you into accepting an unfavorable settlement.

Idaho law gives you the right to claim attorney fees from the party at fault for your injuries. Under the circumstances, you have no reason not to contact one of the best workers’ compensation lawyers. They can help you recover the cost of your medical bills and the full benefits available under the law.

Schedule a Free Consultation with a Dedicated Workers’ Comp Attorney in Boise Now!

Our law firm provides free consultations to our clients. Thus, if you were injured at work, we will review your case and explain your rights and options. If you let us, we will help you obtain the compensation you deserve.

We handle both workers’ compensation claims and claims to third-parties. We can get as involved in your case as you need us to. Call our law office at 208-314-3188 and make an appointment to benefit from our advice and assistance!

%d bloggers like this: