After I was injured, I filed a workers’ compensation claim. Can I also file a third-party injury lawsuit?
What is a third-party injury claim?
When a worker is injured on-the-job, he or she has a right to file a claim for workers’ compensation. If the injury was caused by someone other than the employer, the injured worker may have the right to file a separate personal injury claim against the person, company or organization responsible for the injury. That person or entity is called the third-party; therefore, lawsuits against that person or entity are known as third-party injury lawsuits.
Examples of Third-Party Workplace Injuries
- When repairman is fixing a broken window. While he is repairing the window, the porch he is standing on gives way causing him to fall and break his hip. The homeowner may be liable for the injury.
- A property owner lets his dog into the yard while workers are fixing his roof. The dog gets agitated and bites one of the workers. The dog owner is at fault.
- A delivery driver is rear-ended while driving his route. He suffers neck and spinal cord injuries. The driver of the other vehicle may be liable for damages.
- A worker cuts his arm while using a circular saw. The machine guard that was supposed to protect the worker was not properly fitted. The manufacturer and supplier of the tool may be considered responsible for the injury.
- A drywall worker slips and falls on freshly installed flooring. The subcontractor who installed the floor did not put up signs warning that the freshly waxed floor was slick. The subcontractor or construction site manager may be held responsible.
Compensation for Third-Party Claims
Third-party injury lawsuits provide additional compensation that goes beyond the benefits provided workers’ compensation. Like workers’ compensation, a third-party lawsuit will cover medical bills related to the injury. However, a third-party lawsuit will also cover all lost wages (workers’ compensations pays only a portion) as well as damages for pain and suffering, emotional distress, loss of consortium and loss of enjoyment. A third-party lawsuit will also cover any property damage you experienced as a result of the accident that caused your injury. In some cases, punitive damages are also available.
Questions? Ostroff Injury Law Can Help
Wondering if you have a third-party injury claim? Contact the work site injury attorneys at Ostroff Injury Law to schedule a FREE case evaluation. An experienced injury attorney will tell you how much your case is worth and who is liable for your injury.