You can file a workers’ compensation laws if you were hurt on your job. After you file that claim you might not be able to file a civil lawsuit against your employer. That does not mean you cannot hold an at-fault third party responsible.
Most workers’ compensation claims only involve you and your employer. Sometimes there are other people or companies involved. You might be able to file a lawsuit and hold them liable for their actions or negligence.
You must understand workers’ compensation and third-party lawsuits and when they are allowed.
When can you hold a third party liable?
You might have legal options if a third party caused your injuries. They can be brought against a variety of parties, including:
- Contractors working at a job site.
- Design defects
- Manufacturing defects
- Owners of businesses that hire on-site workers
- Truckers making deliveries for a company other than their employer
Workers’ compensation claims have limitations
Workers’ compensation claims are no-fault. You can receive medical and limited wage benefits for these injuries. It will not fully compensate you for all your wages or other needed expenses.
You will not have to prove your company did anything wrong to collect. You will have to prove negligence in a third-party lawsuit.
There are requirements to prove third party liability
To succeed in a third-party lawsuit, you will be must demonstrate negligence. You must prove several things, including:
- You have injuries
- The accident caused your injuries.
- The third-party owed you a duty of care.
- The third-party did not fulfill the duty of care.
You might be able to recover money for all lost wages and pain and suffering in a third-party lawsuit. You can file these lawsuits in addition to your workers’ compensation claim.