Who May Be Liable in a Third Party Work Injury Claim?
When you suffer an injury in an accident that happened while you were at work, you typically have the right to recover workers’ compensation benefits from your employer. In addition, you might be able to bring a lawsuit against other parties that might have contributed to your work injury. That is known as a third-party work injury claim. Third party work injury claims, when they are available, can help ensure that you receive fair compensation for all of the losses that you incurred due to your injuries.
Imagine that you are at work and you slip and fall in the lunch area, injuring your back and causing you to incur expensive medical bills and lost wages. While any work injury, regardless of fault would typically qualify as a worker’s comp claim and allow you to recover a portion of your lost wages and medical costs, if the floor was wet because a third party cleaning company wet mopped the floor and didn’t put up signs to warn employees, you might be able to file a third-party work injury claim against them.
It can be difficult to determine whether you have a valid third party work injury claim on your own. Therefore, it’s important to contact a highly skilled Atlanta work injury lawyer at Allen & Scofield Injury Lawyers, LLC. Call us at (404) 419-6674 to learn about your legal options after sustaining a work-related injury. We offer free, initial consultations and will not be paid unless we help you recover compensation.
What is a Third Party Work Injury Claim?
A third party work injury claim involves a workplace accident caused by the negligence or recklessness of an outside party that is not associated with your employer. There are a variety of situations that might give rise to this type of claim. For instance, if you are using a certain machine at work and hurt yourself because the machine malfunctioned, you might have a claim against the machine manufacturer.
Another common example of when a third party work injury claim might occur is if you are driving a company vehicle as part of your job and a drunk driver rear-ends your vehicle, causing you to suffer serious neck injuries. In that case, you might have a third party work injury claim against the driver who is liable for the accident.
How to Prove Liability Against a Third Party
Proving liability against a third party after a work accident is similar to proving liability in a traditional personal injury claim. To demonstrate liability, you will have to prove:
- The third party owed you a duty.
- The third party breached that duty.
- You suffered injuries as a result of the third party’s breach.
If you were hurt by a faulty machine at work, you would have to show that the machine’s manufacturer produced an unsafe product that caused your injuries. It is important to note that sometimes, third party work injury claims are invalid. For instance, if a co-worker is using a company-owned tractor and runs you over, you might believe that you have a third party work injury claim against the reckless operator. The reality, however, might be that the employee in question was new and did not receive proper training from your employer. In that case, your injuries would typically be considered to be caused by the nature of your employment and likely covered only by workers’ compensation insurance.
Why Work with an Atlanta Work Injury Attorney
As you can see, it can be challenging to determine whether you have a valid third-party work injury claim. Therefore, it’s essential that you contact an experienced attorney that can thoroughly investigate your case and explain whether you have an actionable third party work injury claim.
Since workers’ compensation benefits only cover medical bills and lost wages, filing a third-party work injury claim in addition to a workers’ compensation claim can provide you with compensation for non-economic damages such as emotional distress and pain and suffering.
Injured at Work? Contact Allen & Scofield Injury Lawyers, LLC
If you’ve been hurt while on the job, it is in your best interest to contact an Atlanta work injury attorney at Allen & Scofield Injury Lawyers, LLC as soon as possible. With over three decades of legal experience and a deep commitment to obtaining justice for our clients, we can evaluate your case and let you know if anyone other than your employer is liable.