Common Questions About Third-Party Liability in Work Injury Cases

While all the words in the title of this post may seem familiar when considered separately, the concepts of “third-party liability” and “work injury/workers’ compensation” often lead to confusion. Being hurt on the job can happen to anyone, and the more you understand about the situation, the better choices you will make if it ever happens to you. While you may expect workers’ compensation benefits to cover your expenses, accepting such benefits precludes you from filing a personal injury lawsuit against your employer. However, in some cases of workplace injury, a third-party claim is possible. What is third-party liability? Third parties are those outside of the principal actors — those that do not have a direct connection to the legal action, but who might have affected it or be affected by it. In the context of worker injuries, third-party liability refers to some person or entity other than the employer who is responsible for the injury. Why do people file a third-party liability claim? Workers’ compensation benefits address medical treatment, wage loss, and vocational training. An injured worker might decide to pursue a third-party liability claim because he or she experienced loss in another area. Additionally, workers’ comp benefits are subject to certain maximums that may not be adequate to cover all the damages suffered by the injured worker. How do I know who was at fault for my injuries? The answer may not be obvious. Employee injury cases can be very complex, and there may be more factors at play than you realize. To determine who was at fault, it is best to consult with a workers’ compensation attorney who can investigate your situation and ensure that the right party is pursued for damages. I think that more than one third party is to blame. Is this possible? Third-party claims can be brought against any and all entities who contributed to the injury. It is common for there to be multiple causes for any given incident, such as workers who are injured while working off-site. What are examples of third-party liability? A worker who was injured in a traffic accident while making deliveries or running errands for work may have a third-party claim against other drivers who were operating their cars negligently. A worker who was hurt by a defective tool or piece of equipment might have a third-party claim against the manufacturer or supplier. A worker who was injured in the course of employment on a jobsite owned by an entity other than his or her employer may be able to file a lawsuit. If you have any further questions about this topic, you can find out more by discussing it with one of the on-the-job injury attorneys at the Johnson Law Firm. We have years of experience helping people, and we can help you. Our knowledgeable legal team will work closely with you every step of the way and will fight hard to get you the compensation you deserve. Based in Pikeville, KY, we proudly serve communities throughout the Bluegrass State. Contact us by calling 606-437-4488 or filling out our online form.