Workers’ compensation laws generally protect employers from lawsuits by employees injured on the job. However, third parties are not immune to legal action if their negligent actions contributed to or led to a workplace accident.
Third-party liability in workplace accidents arises when someone other than your employer or a co-worker is responsible for your injuries. For instance, if you were injured in a car crash or by a defective product while performing a work-related activity, you can hold the reckless driver or the product manufacturer liable for the harm and losses you suffered. Similarly, a contractor at your workplace could be legally answerable if they failed to maintain a safe work environment, leading to your accident.
Elements of a third-party liability claim
To successfully hold a negligent third party liable for your workplace accident, you must first establish that they owe you a duty of care. Proving this depends on the specific circumstances of the workplace accident and your relationship with the third party in question.
Next, you must show that the third party breached the duty of care they owed you. This could involve demonstrating that the third party failed to adhere to safety regulations, acted negligently or engaged in reckless behavior.
You must also establish that the breach of duty directly caused your injuries. In other words, there must be a direct link between the third party’s actions and your workplace accident. Finally, you need to demonstrate that you suffered damages from the accident, like medical expenses, lost wages, emotional anguish, pain and suffering.
Was a third party involved in your workplace accident?
Pursuing a third-party liability claim after a workplace accident can provide additional compensation for damages not covered by workers’ compensation. It is also worth noting that it will not impact your ability to receive workers’ compensation benefits.
Seeking legal guidance to understand how such claims work and what you need to do to hold the negligent party accountable can go a long way in protecting your interests and recovering the compensation you deserve.