What is a third-party liability claim after a work injury?

On Behalf of | Apr 3, 2024 | Personal Injury

There’s no such thing as an accident-free workplace – not even an office job. Injuries happen all the time in the workplace. Most of the time, the only remedy that an injured worker has is through workers’ compensation. With rare exceptions, they cannot sue their employers.

Injured workers can, however, sue a third party for their role in the accident that led to the workers’ injuries. Third-party personal injury claims are useful because they are independent of workers’ comp, and can provide compensation for things that workers’ comp will not – such as pain and suffering.

What sorts of incidents can lead to third-party claims?

There are numerous situations where someone other than an employer or fellow employee could be deemed responsible for a worker’s injury, including those involving:

  • Defective products: Faulty equipment, missing safeguards on dangerous machinery and other defective products can put workers at risk of devastating injuries to their hands, feet, eyes and more. It may be possible to hold a manufacturer, supplier or repair company liable.
  • Unsafe premises: This is particularly a problem for workers who have to go into people’s homes or to businesses as part of their jobs. A wet floor, broken step or weak floorboard can all lead to serious injuries and a claim against the property’s owner or holder.
  • Motor vehicle accidents: Crossing guards, construction workers and people who drive for a living are often victims of negligent or impaired drivers, and they can and should pursue a claim independent of their workers’ comp when possible.
  • Assault or attacks: Sometimes employees are attacked by customers or trespassers while they’re working – even though they’re supposed to be protected by security guards. If the security company failed to do its job properly, that can lead to a third-party claim.

If you were injured in a workplace accident, it’s always worth considering all your legal options. Experienced legal guidance can help you decide.