When you’re injured on the job, workers’ compensation is typically the first source of recovery for medical bills, lost wages, and rehabilitation expenses. However, in some cases, your injury may be caused by someone other than your employer or co-workers. This is where third-party liability comes into play. If a third party—such as a contractor, equipment manufacturer, or another entity—is responsible for your injury, you may be entitled to pursue additional compensation through a third-party liability claim. Understanding the distinction between workers’ compensation and third-party claims is essential for maximizing your recovery.
What Is a Third-Party Liability Claim?
A third-party liability claim is a type of personal injury lawsuit that can be filed when someone who is not your employer is responsible for causing your injury. While workers’ compensation generally covers your medical expenses and a portion of your lost wages, it does not allow you to sue your employer for negligence. However, if your injury was caused by the actions or negligence of a third party, such as a subcontractor working on the same job site or the manufacturer of faulty equipment, you may be able to file a personal injury lawsuit against that party.
For example, imagine you’re a construction worker injured on a job site due to faulty scaffolding supplied by a subcontractor. While you can still collect workers’ compensation benefits, you can also pursue a third-party claim against the subcontractor responsible for providing the faulty equipment. This can allow you to recover damages beyond what workers’ compensation provides, such as full lost wages, pain and suffering, and compensation for long-term disability.
Common Situations Involving Third-Party Liability
Third-party liability claims can arise in a variety of workplace scenarios. Some of the most common situations include:
- Defective Equipment: Many workplace injuries occur due to malfunctioning or defective machinery, tools, or equipment. If your injury was caused by a product defect, you may have a product liability claim against the manufacturer, designer, or distributor of the faulty equipment.
- Negligence by Contractors or Subcontractors: On construction sites or large industrial projects, multiple contractors and subcontractors often work alongside one another. If your injury was caused by the negligence of a contractor who is not your direct employer, you may have grounds for a third-party claim against them. This might include a failure to follow safety protocols or maintain proper site conditions.
- Vehicle Accidents: If you were injured in a motor vehicle accident while performing work-related duties, and the accident was caused by another driver who is not your employer, you may be able to pursue a claim against that driver. This type of third-party claim is common among delivery drivers, truck drivers, and other employees who spend significant time on the road for work.
- Premises Liability: If you are injured on a third-party property while performing your job duties—such as slipping and falling at a client’s business—you may have a premises liability claim against the property owner. This is particularly relevant in cases where unsafe conditions on the property led to your injury.
The Benefits of a Third-Party Liability Claim
One of the main advantages of filing a third-party liability claim in addition to receiving workers’ compensation benefits is the potential to recover greater compensation. Workers’ compensation benefits are often limited, covering only medical expenses and a portion of lost wages. They do not provide compensation for non-economic damages like pain and suffering, emotional distress, or loss of enjoyment of life.
By filing a third-party liability claim, you can pursue compensation for:
- Full lost wages: Workers’ compensation only covers a portion of your lost income. A third-party claim can help you recover the full value of your lost wages, including future earnings if your injury affects your ability to work long-term.
- Pain and suffering: Workers’ compensation does not account for the physical and emotional toll of a workplace injury. In a third-party claim, you can seek damages for the pain, discomfort, and emotional distress caused by your injury.
- Punitive damages: In cases where the third party acted with extreme negligence or recklessness, you may be able to pursue punitive damages, which are meant to punish the wrongdoer and deter similar behavior in the future.
Why You Need an Attorney for a Third-Party Claim
Pursuing a third-party liability claim can be legally complex, particularly when multiple parties are involved. It requires gathering evidence, determining fault, and often dealing with multiple insurance companies or legal teams. An experienced personal injury attorney can help navigate the complexities of your case and ensure that you pursue all available avenues for compensation.
Your attorney will conduct a thorough investigation of the incident, gathering evidence such as witness statements, accident reports, and expert testimony to prove the third party’s negligence or responsibility. They will also work closely with your workers’ compensation case to ensure that the benefits you receive from workers’ comp are coordinated with any compensation you recover through the third-party claim.
At Spagnoletti Law Firm, our attorneys have extensive experience handling third-party liability claims for injured workers across a variety of industries. We understand how to maximize compensation by pursuing all available legal options, and we are committed to fighting for your rights and helping you recover from your injuries. If you’ve been injured at work and believe a third party may be responsible, contact us today for a free consultation. We’ll help you understand your legal options and guide you through the process of seeking the compensation you deserve. Please contact us online or call 713-804-9306 or to learn more about your legal rights.