When you’re injured on the job, workers’ compensation is your primary “remedy” for your losses – but partial wage replacement benefits and medical care may not really cover everything. Plus, no provision in workers’ comp will allow you to recover money for your non-economic damages, such as pain and suffering.
Just because you can’t sue your employer, however, doesn’t mean that you can’t bring a personal injury lawsuit against someone else who contributed to your accident and injuries. This is called a third-party claim, and it does not affect your eligibility for workers’ comp.
What Are Some Examples Of Third-Party Claims?
All kinds of situations can give rise to third-party claims after a workplace accident. Consider these:
- Product liability: Imagine that a tool falls apart in your hand or a faulty piece of factory machinery malfunctions while you’re using it. You may have grounds for a claim against the manufacturer or supplier of the equipment.
- Negligent subcontractors: Multiple subcontractors are often involved in large construction projects, and not all of them may be safety-minded. If a subcontractor leaves cords and tools scattered around the floor and you trip and fall, they may be liable for your injuries.
- Premises liability: If your job requires you to inspect or work on someone else’s property, you may be exposed to unsafe conditions, like broken stairs, dog attacks, rotted boards on a porch or more. That can give rise to a premises liability claim.
- Motor vehicle accidents: If you make deliveries for your job or work road construction, you know that there are a lot of really poor drivers out there. If you end up in a wreck with one, they may be liable for your losses.
- Toxic exposure: Hazardous chemicals are commonplace in a lot of industries, but suppliers aren’t always transparent about the risks. If a toxic substance was portrayed as “safe” but you’re injured due to your exposure, you may have a claim against the manufacturer.
Third-party claims can be very complicated, especially if the different parties involved start pointing their fingers at each other or someone else. It takes a clear understanding of the legal options to identify all the liable parties and pursue the compensation you deserve.
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Scott M. Blumen
Scott M. Blumen, Attorney at Law, APC offers personalized, results-focused legal help for injury and workers’ compensation cases in San Diego.
