What is a Third-Party Injury Claim?
Depending on the nature of your injury and accident, there may be multiple parties responsible. When an injury is caused by someone who is not your employer or co-worker, you are still entitled to recover all of the damages you have suffered from the work accident.
An example of this is when multiple contractors are working at the same job site, and a contractor from one company negligently causes injury to a contractor from another company. The injured person may be entitled to both workers’ compensation benefits from his employer, as well as compensation from the employer of the contractor who caused the injuries.
Workplace accidents happen all too often. Most workers’ compensation situations should be examined to determine if there is a case for Third Party Liability. This is a complicated area. You need an experienced lawyer working on your behalf. Prompt investigation is key and adhering to the strict guidelines is a must—you could jeopardize your claim if the procedures are not followed.
Some scenarios that may qualify for a third party liability claim:
- injured at a construction site where multiple companies are working
- injured on the job while working on property belonging to someone other than your employer
- injured at work due to a defective product or piece of equipment
- vehicle accident while performing your job
- injured on the job by a worker employed by another company
Possibilities for Liable Parties in Third Party Claims:
- Driver of the vehicle involved in the work-related accident
- Owner of the vehicle, if other than employer
- Property owner, if other than employer
- Manufacturer of the product/equipment
- Landlord of property
- Electric company
- Fuel company
- Propane company
- Cable company
Although an employer cannot be sued due to worker’s compensation laws, in some situations a third party is involved in an employee’s injuries. Some examples:
- If an employee is hurt by a faulty product while at work, the manufacturer of that equipment can be held liable.
- If an employee is injured due to unsafe conditions on third party property, the owner of that property may be responsible for the injury.
- If an employee is injured by a third party while at the employee’s place of work, that third party and potentially his or her employer can be found responsible.
If one or more of these situations applies to you, you may have grounds for a workplace injury lawsuit.