When Does a Workplace Injury Become Eligible for a Third-party Lawsuit?
There is rarely a business that can call itself “stand-alone.” No matter what products the business sells or what services they offer, there will always be a need for third-party vendors. If an interaction with those third parties leads to an injury-causing accident, the injured worker is eligible to file a third-party lawsuit.
These types of claims can get complex fast when the third-party vendor who contributed to the accident tries to shift blame and suggest you should just file a workers’ compensation claim.
Unfortunately, being injured on the job is not a guarantee that you’ll be approved for a workers’ compensation claim. It will help to speak with an experienced attorney who specializes in workers’ compensation claims. You’ll also want to know the boundaries of the law that will allow you to pursue this type of claim.
Workers’ Comp Versus Third-Party Claims
The first thing you need to do when you’re injured on the job is to seek medical attention.
Next, notify your supervisor. After that, it is time to sort through who should be responsible for paying for your medical bills and lost time out of work. Your choices are to file a workers’ compensation claim or a third-party claim.
Here’s what you need to know:
Workers’ Compensation
Workers’ compensation is a no-fault insurance program. If you get injured on the job, you can get your medical expenses reimbursed regardless of who caused the accident. You can also file for lost wages. Workers’ compensation pays just a portion of your salary.
Typically, the maximum is two-thirds of your weekly salary up to your state’s minimum if your injury requires vocational training, that can be reimbursed through workers’ compensation.
All of this is paid through your employer’s workers’ compensation program.
Third-Party Claims
With a third-party claim, you must prove your injuries were directly related to a negligent act caused by the third party. You can see full reimbursement for your medical bills and pain and suffering related to the injury. You are also entitled to seek full compensation for lost wages and future earning capacity.
After reviewing these two options, you might wonder whether you should file both.
Yes, you can.
While you can’t “double-recover,” you can maximize your losses. For instance, if you file a workers’ compensation claim and only get a portion of your salary, you can file a third-party claim to fill in the gap.
Common Scenarios Involving Third-party Liability at Work
Getting injured on the job is no one’s idea of a productive workday, but there is a risk of injury at any job. That includes injuries where a third-party liability will come into play.
Which of these scenarios would apply to what you’re going through?
- Motor Vehicle Accidents: If you work as a delivery driver, rideshare operator, or traveling salesperson and another motorist hits you while you are on the clock, you are entitled to seek damages from that at-fault driver. Keep in mind that if that other driver is also on the clock for their job, you might be able to name their employer as an at-fault party, too.
- Defective Machinery and Tools: Were you injured because a piece of industrial equipment or a safety device malfunctioned due to a manufacturing or design flaw? If so, the product’s creator or distributor can be held accountable. That also extends to a situation where you are injured using leased or rented equipment, such as a scissor lift, that a third-party company failed to service properly; you may have a valid claim.
- Construction Site Accidents: The majority of construction projects involve multiple third-party vendors, such as subcontractors. If any of those workers caused your injury, they would be liable. This could happen if a third-party electrician installed faulty wiring that later harmed you or a scaffolding built by an outside vendor collapsed and you were injured.
- Property Hazards: If you are injured while visiting a client’s office or were responding to a service call at a residential property or an outside commercial site, the property owner or manager may be liable for failing to maintain a safe environment. This is common in slip and fall accidents.
It is vital that your claim clearly identifies how the accident occurred and who may be responsible.
Unpacking Your Workplace Injury Claim
A workplace injury happens in a flash. It also creates a narrative of what happened and how it occurred. When that narrative points to a negligent third-party, you’re entitled to seek a remedy from that third-party.
Securing that settlement can be complex, and it requires the support of an experienced attorney who understands workers’ compensation laws and how they apply to personal injury. In an accident that involves a third-party, you might file claims against that third-party and your company’s workers’ compensation program.
Instead of you trying to unpack what happened and who needs to be held accountable, your attorney can provide you with the support and guidance to make an informed decision.
The hope is that you can recover and return to work as soon as possible. Until then, your losses need to be covered when the accident was caused by someone else’s negligence.
At Work Injury Advisor, we have the resources for you to determine if you may have a claim.