6 Times to Consider a Third-Party Claim After a Workplace Injury

Workplace injuries happen all the time, and workers' compensation benefits are often the only recourse for those injured on their jobs. Except in situations where an employer acted recklessly or intentionally, injured workers generally cannot sue their employers in civil court.

They can, however, sue a third party who bears some responsibility for their injuries. If a third party's negligence may have led to your workplace injuries, learning more about when to pursue a personal injury lawsuit outside of your workers' compensation claim can help you better protect your interests.

When Are Third-Party Claims Possible? Why Are They Important to Consider?

Workers' compensation generally only provides medical benefits and some replacement wages to employees who suffer work-related injuries or illnesses. It's designed to be there no matter who is at fault for your injuries—even you. 

This relative ease of access to the benefits of workers' compensation does come with some drawbacks: The benefits don't replace all of your wages, and you cannot ask for your non-economic losses to be covered, such as your pain and suffering. That means that workers' compensation often falls short of what's really needed to make you financially whole again.

If a third party (someone other than your employer or a co-worker) either contributed to or outright caused your injuries, you can pursue additional compensation through a personal injury lawsuit. This is done outside of the workers' compensation system and does not affect your entitlement to those benefits. 

What Are Some Common Situations That Lead to Third-Party Liability Claims?

It always pays to discuss the specifics of your job-related accident very carefully with your attorney because there are all kinds of situations that could give rise to a third-party claim. Some of the most common include:

1. Motor Vehicle Accidents: If you were traveling between job sites when another driver ran a red light and crashed into you, for example, that would be a situation where a third-party claim was possible.
2. Pedestrian Accidents: If you were part of the road crew on a construction site and a distracted driver didn't see you in time to avoid hitting you, that is another example of when you can make a claim against the at-fault driver.
3. Defective Products: Whether a tool broke in your hands and left you injured or the chair you were sitting in at your desk broke because the legs weren't properly connected, that's an error for which the manufacturer could be held responsible.
4. Dangerous Premises: Lots of occupations require people to visit customers' or clients' homes. If a homeowner didn't secure their dog and you were bitten or they didn't warn you the handrail on their steps was broken and you fell, they could be held liable for their mistakes.
5. Subcontractor Mistakes: All kinds of subcontractors may enter your workplace, and not all of them are as careful as they should be. If an IT subcontractor left cords dragging all over the office floor and you tripped on one, for example, they bear the liability for your injuries.
6. Negligent Security: If you were working at night and were beaten and robbed because the security service your employer hired didn't do its job properly, that could also give rise to a third-party claim.

Understanding all of your rights as an injured worker isn't easy to do on your own. It often takes experienced legal guidance to understand when a third-party claim is possible and worth pursuing.

If you've been injured in a workplace accident and suspect that you might have a viable third-party claim, contact our team at Frank Penney Injury Lawyers today to discuss your case.