Under state workers’ compensation laws, employees who are injured at work are barred from suing their employers for compensation for their injuries. Workers are limited to the compensation that is available under the workers’ compensation system. If, however, a third party shares responsibility for a work-related accident, the injured party may be able to bring a personal injury lawsuit in addition to a workers’ compensation claim. These are called third party causes of action.
Successful Third Party Claims
Workers are entitled to workers’ compensation benefits for any on-the-job injury regardless of fault. In order to bring a successful third party claim, however, you must prove that another party’s negligence was to blame for the accident. The third party does not have to be solely responsible. It is enough to prove that the defendant’s negligence contributed in part to your accident.
Types of Third Party Causes of Action
Third party claims can come in many forms depending on the circumstances of the workplace accident. Some common situations in which a third party might share responsibility for an on-the-job accident include:
- Motor Vehicle Accidents – If you are a delivery or shipping driver or are driving a vehicle for work purposes and are injured in a road accident caused by another driver, you may have a personal injury case.
- Construction Worker Accidents – If you are injured on a construction site because of the negligence of a subcontractor or worker from a different company, you can sue the negligent party.
- Slip & Fall Accidents – If you are injured in a fall while visiting someone else’s property for a work-related reason, the property owner may be liable.
Law limits the amount of benefits you can recover in a workers’ compensation claim. In a personal injury claim, however, you can recover damages for pain and suffering, emotional distress and even punitive damages in some circumstances. It’s important to choose a knowledgeable and experienced workers’ compensation and personal injury attorney who will explore all avenues of compensation for your injury. At Ankin Law Office, our attorneys are dedicated to securing maximum compensation for our clients. Contact us today to discuss your case at a free consultation.