Third-Parties In Work Accidents
Work Injury Lawyer
If you have been injured at work, you are entitled to receive workers’ compensation benefits for your medical bills and lost wages. However, if a third-party contributed to your injuries, you may be able to file a separate lawsuit and receive additional compensation for your losses. It is important to seek the legal advice of a skilled work injury lawyer in this situation.
Common Third-Parties That May Be Liable for Work Injuries
Workers can get injured in just about any work environment, from construction sites to offices. That is why workers’ compensation was established. It provides compensation for medical expenses and lost wages so that workers do not have to sue their employers. Sometimes another party may be responsible for a worker’s injuries.
Here are a few examples of situations when third-parties may be held responsible for work injuries.
- Premises liability. Sometimes workers may sustain injuries while on someone else’s property. For instance, if you go to someone’s home for a sales call and slip and fall on an icy sidewalk in their yard, the homeowner may be held liable for your injuries.
- Car accident. If you were driving a company vehicle while on the clock and got struck by another vehicle, you may be able to pursue a third-party claim against the driver for your losses.
- Defective equipment. Work accidents can also occur due to defective equipment. Everything from defective power tools to manufacturing equipment can cause serious injuries. In this situation, you may be able to file a third-party claim against the product manufacturer.
Damages in a Third-Party Claim
Workers’ compensation benefits only cover your medical bills and a portion of your lost wages. Unfortunately, this might not be enough to cover all of your losses. However, if a third-party is responsible for your injuries, you may be entitled to additional damages, such as:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Past and future lost wages
- Punitive damages
How to Prove That a Third-Party Was Negligent
Fault is not a factor considered in workers’ compensation cases, so they are typically simpler than third-party injury claims. In order to have a successful third-party claim, you have to prove that the third-party was at-fault. Here are the following elements you have to prove.
- The third-party owed you a duty of care
- The third-party breached the duty of care
- You sustained injuries as a result
- Your injuries led to monetary damages
Hiring a Lawyer to Assist with a Third-Party Claim
Third-party claims can be quite complicated, so you do not want to handle one on your own. It is in your best interest to have an experienced work injury lawyer, like one from The Law Offices of Cliff Enten, on your side. An experienced lawyer can determine the true value of your case and help you gather evidence to prove your claim. He or she can handle the negotiation process with the defendant’s insurance company and improve your chances of receiving a fair settlement.