A significant percentage of the time, work related accidents are the fault of a third party. Thomas C. Wilmer, P.C. is amongst a very small number of firms that handle worker's comp/personal injury hybrid cases.
In some instances, workers who are injured not only have a right to pursue a claim for worker's compensation, they may also seek a civil remedy against others outside of their employment who may be responsible for their injuries. For example, if you are injured by a negligent motorist while on the job, you can pursue both a worker's compensation claim and a personal injury. However, your right to pursue a civil remedy when you are collecting worker's compensation benefits is limited. Unlike the non- work related accidents, your right to file a lawsuit against the responsible party is limited to one year. If you do not file your claim within the one year time period, your right to sue is then transferred to the worker's compensation carrier to allow it to pursue a claim for reimbursement of the medical and compensation benefits paid to you. Although you may request that the worker's compensation carrier reassign you the right to pursue your claim after the one year anniversary and prior to the two year statute of limitations, the worker's compensation carrier sometimes will place unfavorable conditions upon the reassignment. In addition, in some instances, the worker's compensation carrier will not reassign you your right to pursue your claim after the one year anniversary. Accordingly, it is very important that you hire an injury attorney in Arizona that has the experience in both worker's compensation and personal injury matters. The Law Office of Thomas C. Wilmer, P.C. is one of the very few Arizona Law firms that has this combined experience.
Circumstances resulting in Arizona Work Injuries
There are many circumstances in which an individual may sustain injuries at work or you may sustain injuries caused by machinery, dangerous conditions in the field or as a result of the negligence of others. In such complex cases, an Arizona work injury lawyer may be required to help you determine who is in fact responsible, so that you know which direction to go in. Those who work in the construction industry face much higher risks of injury than those working in other industries. In fact, there are more injuries and fatalities each year in construction work than in any other type of work. Arizona construction accident experience will help determine whether you have a claim, who should be held accountable, and how to proceed. These types of injuries are often complex; do you hold the property owner accountable, or the general contractor? There are many questions you need answers to.
In many instances, while your personal injury claim is pending, your worker's compensation claim will be subject to litigation should the worker's compensation insurance company attempt to stop your benefits or deny responsibility for certain conditions. Under these circumstances, an injured worker has no choice but to pursue his worker's compensation remedy prior to a final resolution of the personal injury claim. The outcome of the worker's compensation hearings can have a preclusive effect on matters involved in the personal injury claim. In addition, at the end of the day, should you be in a position to recover monies from the third party responsible for your injuries, it may be necessary to negotiate with the worker's compensation carrier in terms of how much money you will have to reimburse them.
The Law Office of Thomas C. Wilmer has engaged in representing injured persons in worker's compensation/personal injury hybrid cases since 1990. Thomas Wilmer has knowledge of the intricacies involved pursuing both claims and dealing with the insurance carriers on both sides of the equation. Should you be involved in work related injury that is the fault of another, do hesitate to contact hesitate to contact Thomas C. Wilmer, P.C. If you are looking for an experienced personal injury lawyer in Phoenix or injury attorney in Scottsdale, consider contacting Thomas Wilmer today for a free consultation.