Those who suffer a workplace injury can often receive access to workers’ compensation benefits. However, there are also numerous instances when a third party is partially or even fully responsible for a workplace injury. When that occurs, you may be able to seek compensation from that or those entities.
What is Third-Party Liability?
Third-party liability refers to liability held by a party that was not directly involved in the employee-employer relationship in question. This third party can be someone who was directly connected with the incident, or it could be a person or entity that was not on site when it occurred but still helped cause it to happen.
Examples of Third-Party Liability
Here are several examples of when third-party liability may be in effect.
Someone who was employed as a delivery driver with a different company and under the influence of alcohol or drugs crashed into your vehicle while you were driving as part of your work responsibilities. A similar circumstance would occur if you were struck by that driver while walking as part of your work duties. The driver or their employer could potentially be sued.
You work at a construction site and were using a defective machine that malfunctioned, causing you serious bodily harm. In that scenario, the manufacturer of that machine could be deemed liable for what happened.
A subcontractor improperly erected scaffolding, which ended up resulting in you falling from it or being hit by debris that had dropped from it and being injured. That subcontractor could be deemed at least partially responsible for what happened.
A slip-and-fall incident occurred away from your workplace while you were engaged in your work duties. In this case, liability could fall to the owner of the location where that slip took place.
A chemical that was contained within a package that featured inadequate warnings caused you harm. Then, the party that was responsible for packaging that chemical may be at fault.
You were assaulted by a customer. That person could be the focus of a third-party workplace lawsuit.
An electrician repaired an electrical panel at your workplace, but an unsecured energized component resulted in your suffering from an electrical shock, perhaps even burns. That electrician or their employer could be deemed to be responsible for what happened.
An HVAC services company employee did work on your employer’s roof but left behind an unsecured access panel, which was later blown off of the roof and struck you in the parking lot. They or their company could be sued, depending on if all legal safety standards were followed and other relevant factors.
When unloading a trailer at your workplace, cargo fell and injured you. If it was not secured as well as is legally required, the company that was responsible for doing so may be sued.
A hard hat does not protect as well as it should have, resulting in you experiencing a head injury when something fell on it and you. The manufacturer could be at fault.
While excavating with a construction crew, you were injured in an explosion caused by an underground gas line that you did not know was there because the local utility company had not marked its correct location on a map. That utility company may be held liable for your injury.
When you were out of town attending a work-related conference, you suffered food poisoning. The provider of that food could be a third party responsible for this type of workplace injury, depending on local laws and regulations.
How Can You Prove Third-Party Negligence?
Workers’ compensation is normally a no-fault type of insurance. However, when a third party is responsible for a workplace injury, you need to prove that this was the case in order to be successful with this type of lawsuit.
If you are suing for negligence, you must also prove that negligence did in fact occur and that this third party had breached their duty of care, resulting in harm to you.
In order to better your chances of a successful lawsuit, gather as much evidence as possible. Taking photos and videos of the scene as well as of your injuries may prove invaluable. Also keep all relevant paperwork, whether physical or digital, such as related to medical records and reduced wages that are the result of your being unable to work to the degree that you used to.
Should You File for Workers’ Compensation and a Third-Party Claim?
In many cases, you should file a workers’ compensation claim as well as a third-party claim as they do not completely overlap; both have the potential to provide reimbursement that the other type does not.
One of the most significant factors to note is that third-party claims can result in compensation for pain and suffering while workers’ comp claims generally cannot.
How Can Subrogation Affect These Claims?
If you are successful with both a workers’ compensation claim and a third-party claim, your employer’s insurance company may be able to recover some of the money that it had paid from its own settlement with you.
The reason that this sometimes happens is to meet the principle that compensation is not being received twice by you for the same loss. For example, this could keep you from being reimbursed twice for $30,000 in identical medical expenses.
Keep the Relevant Statute of Limitations in Mind
If you are considering suing a third party for a workplace injury, keep in mind the statute of limitations that is relevant to this type of case in your location. In most cases, this will be a year or more, but make sure to research what the exact statute of limitations is for you as this can sometimes be much shorter than that, such as a few months or less.
Conclusion
Regardless of your specific circumstances, consulting the services of a work injury lawyer can help ensure that you are properly compensated by all relevant parties for what occurred. For more information about workplace safety and potential legal options after an on-the-job incident, Work Injury Advisor can be an excellent resource.
