You hurt yourself at work recently, but your employer has workers’ compensation insurance. While gathering information for your claim, you think your situation could involve a third party.
The Nassau County Bar Association explains the basics of third-party liability personal injury cases. Find out if your workplace injury also qualifies as a personal injury.
The basics
Third-party liability claims happen when a company or individual separate from your company played a part in your workplace accident. If you hurt yourself using commercial equipment, your injuries may stem from a design or manufacturing defect. Another example is a drunk driver colliding with a delivery driver working on the clock.
The details
Say a delivery driver gets into an accident with an intoxicated driver. The accident qualifies for worker’s comp coverage, but the driver may also have a personal injury case against the drunk driver. Depending on the workers’ comp claim’s worth, the settlement may not cover all the employee’s lost income and medical bills. If the driver also suffered mental anguish, she cannot collect pain and suffering damages through workers’ comp. She may only do so through a third-party liability claim.
The burden of proof
Injured employees who file third-party injury claims bear the burden of proof. They must prove the third party owed a duty of care and neglected to uphold that responsibility. With third-party claims against manufacturers, harmed parties could file a strict liability claim. That means holding the company responsible by showing a product defect caused harm.
A third-party claim could help you recover the damages you deserve. By understanding your legal options, you know how to hold responsible parties accountable.