After a worker is injured, the initial step is to apply for workers’ compensation or a no-fault claim against the employer. However, the injured worker may also apply for a third-party liability claim in certain scenarios. This third-party liability addresses specifically physical injury caused by non-employers on-employer’s negligence and violence.
This type of claim is common when a worker suffers an injury when another person or thing is not connected to the employee’s employer, whose negligence caused the accident. It is normally not appropriate against a supervisor or co-worker.
Rather, various third-party liability claims can be, but are not limited to, failure of the product or a construction design, any car operator that injures an employee in an accident, or an owner’s accident where the employee goes on business errands. Newport News workers comp lawyer assists in getting the compensation in time without much hassle.
How Third-Party Lawsuits Can Benefit Injured Workers
- Third-party lawsuits offer injured workers the opportunity to obtain additional compensation, including damages for pain and suffering, beyond what workers’ compensation benefits provide.
- These claims allow workers to recover losses caused by a third party’s negligence, potentially increasing financial recovery beyond the limits of workers’ comp.
- In third-party cases, injured workers can seek non-economic and punitive damages, which are generally unavailable in workers’ compensation claims.
- Such lawsuits provide a way to hold responsible parties fully accountable for their role in causing workplace injuries.
Examples of Third-Party Liability
Third-party liability can depend on various factors; no comprehensive list of examples exists. However, here are some common situations where third parties have reimbursed workers for occupational injuries:
- Motor Vehicle Accidents: If you’re driving for work and are injured due to another driver’s negligence, you can file a case against that driver. You can recover the claim through your insurance plan if the driver is uninsured.
- Dangerous/Defective Products: If a product used in the workplace is defective or hazardous, leading to injury or illness, workers can seek legal activity against the factory or distributor of that product.
- Premises Liability: If a construction site or worksite owner fails to keep a safe atmosphere, leading to injury, workers may have grounds to file a third-party claim against the property owner.
- Negligence by Other Contractors: If someone working at the same site as you (but not your employer or co-worker) is negligent and induces injury, this may provide a basis for third-party litigation.
- Personal Injury: While construction workers are generally restricted in their ability to sue an employer after a work-related injury, they may have the option to file a lawsuit against other parties, like the general subcontractor or property owner.
- Wrongful Death: In addition to receiving workers’ compensation death benefits, enduring family members can file a criminal death lawsuit against a negligent party.
- Product Liability: When injuries or deaths involve construction equipment, a product liability lawsuit may be pursued against the manufacturer or distributor of the supplies. Manufacturers may be liable if the equipment was defective, poorly designed, improperly assembled, or lacked proper warnings about potential risks.
Conclusion
Work injury attorneys have extensive experience managing work injury claims, especially third-party lawsuits. Workers’ compensation benefits can cover medical costs and a portion of lost wages. Still, it doesn’t compensate for other significant losses such as diminished earning capacity, permanent disabilities, or pain and suffering.
Workers’ compensation benefits are usually insufficient for employees who have suffered catastrophic damages or families who have lost a direct wage earner. A third-party lawsuit can offer a much higher claim than workers’ compensation in these circumstances.
