Q: How can I determine if I have a third party claim?
Many employees believe that workers’ compensation is the exclusive remedy for injuries they sustained on the job, but that’s not necessarily true.
If someone other than you, your employer, or your coworkers is responsible for your injuries, they may be held liable through a third party work injury claim.
Third Party Liability Claims
When an employee is hurt on the job due to the negligence or recklessness of a third party, such as a product manufacturer, subcontractor, or commercial driver, he may be entitled to pursue a third party liability claim.
Unlike claims for workers’ compensation, third party claims require proof of fault. To recover damages, the injury victim must provide evidence demonstrating a third party’s negligent or reckless behavior caused his injuries, along with proof of the resulting financial burden.
Some of the most typical causes of third party claims include:
- Accidents involving defective products or equipment
- Work-related vehicle accidents
- Construction site accidents
- Workplace exposure to toxic substances
- Physical assault by a customer, subcontractor, or during a robbery
- Work-related accidents that occur on property owned or managed by someone other than the employer
- Construction accidents involving general contractors or subcontractors
Pursuing a Third Party Claim
While you’re entitled to receive workers’ compensation benefits from your employer to cover your medical expenses, lost income, and permanent disability payments, third party claims can provide additional compensation. You may recover damages for emotional trauma, pain and suffering, loss of independence and enjoyment of life, property damage, and even punitive damages.
Winning a third party lawsuit requires you to prove that you had a work-related accident; that the third party owed you a duty of care they failed to provide; and that you sustained injuries as a result.
These claims are often complicated, requiring the expertise of an experienced personal injury attorney to protect your right to compensation. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.