Third-Party Liability in Work Injury Claims

When you’re injured at work, you have various options available to you to help recover compensation for medical bills and lost wages. Typically, workers’ compensation is there as a parachute, but depending on the situation, there may be third parties involved. In this case, you may be able to bring a third-party liability claim because of their negligent or reckless actions or omissions.

As its name suggests, third-party liability requires that someone other than your employer or co-worker is liable for the accident that caused your injuries. Common scenarios for third-party liability claims include:

  • Vehicle accident while driving for your employer
  • Faulty and dangerous machinery design or manufacture
  • Negligent upkeep and repair of machinery by third-party vendor
  • Injuries while working on property belonging to a third party
  • Accidents caused from multiple companies working on the same job

Additionally, a co-worker could be considered a third-party if they willfully or through gross negligence cause your injuries. A good example of this is assault. However, you typically cannot sue your employer when an injury occurs on the job. This is why workers’ comp exists, but there are exceptions to the rule. If your employer doesn’t have workers’ comp, you can sue them to cover the damages. Another exception is if the injury is the result of the employer’s gross negligence, even if they have workers’ comp. Finally, if an employer assaults you, you can sue them because employers are not protected by workers’ comp if they assault an employee.

If a third party caused your injury, you can still take legal action in addition to filing for workers’ compensation benefits. This can help you reach the maximum amount of compensation, depending on how your injuries were sustained.

Request a Consultation Today

At Morris Wilson, P.C., our Montgomery County work injury lawyers can take a thorough look into your workplace injury to help determine all liable parties and how much compensation you can recover. If you have been hurt on the job and have any questions, call (610) 810-2082 or contact us online to schedule a free consultation.


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