Workers Compensation and Third Party Lawsuits
- January 27, 2016
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Workers’ compensation laws were created to protect workers in the event of a work place accident. A worker may now file a claim for workers’ compensation if they suffered an injury from a work accident. This ensures that the workers are compensated for medical expenses, full or partial disability compensation, and lost wages. Although the worker does not have the right to sue their employer for a workplace accident, a worker is still allowed to sue a third party, whose negligence may have caused the injury.
What are third party lawsuits?
Third party lawsuits are filed by workers when an accident happens at the work place due to someone else’s negligence, other than the worker’s employer or a co-worker. When a defective product, from another company, causes injury to a worker, the victim may be eligible to file for third party lawsuits against the party responsible for the injury.
Examples of third party lawsuits
There are a variety of instances when a worker can file a third party lawsuit. Below are a few examples:
- If a worker is struck by a delivery truck while at work, the injured worker can file a lawsuit against the driver or the truck company. The injured worker has the right to sue the owner and driver of the truck, since the delivery truck is operated by a company other than the one for which the worker is employed.
- If an employee suffers a back injury after slipping and falling on a wet floor, they are entitled to file for workers’ compensation. However, if the floors were left wet by a cleaning service, who failed to put up signs cautioning a slippery floor, the cleaning company may be held liable for the injury.
- If a product is defective and causes injury to an employee, he or she may file a lawsuit against the product manufacturer.
- If a worker is injured in a construction accident, they may receive workers’ compensation from their employer. Since subcontractors and other individuals are responsible for the premise, it is common for injured workers to file third party lawsuits. For example, if the injury occurred due to a scaffold collapse, the worker may be able to sue the scaffolding company. It is allegedly the company’s fault because they failed to properly assemble the scaffold, and it therefore collapsed as a result.
Third party claims grant injured workers additional benefits for their injuries. Rockland Injury Lawyers work with victims who need assistance in filing for workers compensation claims and third party lawsuits.