What are some examples of third-party injury claims?
Injured construction workers in Pennsylvania and New Jersey have two options for compensation: workers’ compensation and a third-party personal injury claim.
Almost all injured workers are eligible for workers’ compensation, but a third-party personal injury claim can only be filed when someone other than an employer is responsible for causing an on-the-job injury. This “someone” is called the third-party. The third-party may be a business or an individual.
Examples of Third-Parties Liable for Workplace Injuries
Drivers: Many jobs involve driving. When a worker is injured in a motor vehicle accident, the at-fault driver may be found liable for the injuries.
Christine works for a roofing company. She is driving the company truck to the job site when she is hit by a drunk driver. She suffers serious injuries.
Subcontractors: Many constructions sites have several subcontractors completing work at the same time. If a subcontractor creates a dangerous condition, the company can be held liable for injuries to employees of other subcontractors.
Marc is installing plumbing in new building. The drywall contractor has placed a stack of drywall against the side of the room he is working in. The pile of drywall slips and Marc is injured.
Business or property owners: Business and property owners are responsible for maintaining their premises so guests and workers can visit without risking injury. If there dangerous condition on a property, the owner is responsible for preventing injury by posting signs and warnings.
Carl is an HVAC repairman. He has been called to fix the air-conditioning at a private home. He is carrying his equipment when he trips on damaged flooring. The home owner did not tell him that the floorboard was loose.
Manufacturers and distributors of defective products: Tools, machinery and equipment can be very dangerous. Therefore, it is important that these products are designed and manufactured to reduce injury. When products are poorly designed, manufactured with faulty parts, or sold without proper instruction and warnings, workers can suffer serious injuries.
Olivia works in a warehouse. She is stacking boxes when another employee parks a forklift nearby. Although the parking brake is set, the brake system is defective. The forklift rolls forward and crushes Olivia’s leg.
Co-workers: Usually, injuries caused by co-workers are covered by workers’ compensation. However, it is possible to file a third-party claim against a co-worker if a co-worker intentionally or willfully causes an injury and in cases of co-worker assault.
Andrew is a gay construction worker. He tries to keep his private life private, but he recently ran into a co-worker while he was out with his spouse. Now the co-worker is hassling Andrew and calling him derogatory names. Andrew tries to maintain a professional attitude, but then his co-worker punches him in the face. Andrew’s nose is broken.
Who is Liable for Your Work Site Injury?
These are just a few examples of third-party work site injury cases. Every case is different. If you have been injured at work, we invite you to call Ostroff Injury Law. We’ll schedule a free case evaluation. One of our construction injury attorneys will listen to your story and tell you how much your case is worth and who is liable for your injury. There is no obligation.