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Filing a third-party claim for a Montana workplace injury

June 8, 2017 |

If you suffer a serious, debilitating injury while on the job in Montana, you may have to modify your entire life. Depending on the severity of your injury, you may end up needing a lifetime of medical care, and this can ruin your finances in addition to the physical pain you already must endure.

Many of Montana’s biggest industries, among them logging, farming and mining, employ professionals like you in positions that are inherently dangerous. This means that many workers ultimately suffer a serious injury at some point during their professional lives. Should you do the same, you may, depending on the specific circumstances of your situation, be able to seek compensation from a third party for your injuries. You may make your living doing something that is known to be risky, but that does not mean others do not have a responsibility to greatly minimize those risks.

Third-party claims against non-employers

Under Montana law, you may be able to sue a third party for an injury you sustained during work hours if it was the result of another’s negligence.  For example, say you are a subcontractor, and a general contractor hires you to work at a construction site. The general contractor then makes a major error that results in you having a serious accident while you are working. In such a situation, you may be able to sue the general contractor who was responsible for your injury. Whether you suffer an injury or develop an occupational disease, you must prove that the carelessness of the third party is the direct cause of your hardship. The same is true if you are a relative of someone killed in such an accident.

Types of damages

If you decide to pursue damages against a third party, you may be able to seek them in a number of different areas. In addition to lost wages and medical bills, you may be able to seek damages for pain and suffering, emotional distress and more. Speak to an attorney to find out what compensation you may qualify for.