When a person suffers an injury at work, they often assume that workers’ compensation is the only option available to them. This is often false. Depending on the specifics of the injury and the accident, a third-party claim may be an option. Keep reading to learn more or contact The Law Offices of Larry H. Parker at 562-222-0146 for a free legal consultation.
Was a Third-Party Responsible for Your Injury Either Entirely or Partially?
If you have received workers’ compensation benefits for your specific injury, then you cannot sue your employer for damages related to that injury. However, if there was a third party who was entirely or partially at fault, you might be able to file a personal injury claim against them. However, there are a number of elements that you must be able to prove.
You Will Need to Prove These Elements to Succeed with Your Third-Party Claim
Workers’ compensation is generally easy to prove because you do not have to prove that anyone was at fault. You only have to prove that you were injured and that you were at work when the injury occurred. However, a third-party claim requires that you prove all of the following:
- A third party owed you a duty of care.
- That third party breached that duty of care.
- The action they took (or did not take) caused your injury.
- The injury resulted in medical treatment, lost wages, and other damages.
In short, you will need to prove the same things you would prove in any personal injury claim.
You should know that you can’t have it both ways. If you have received workers’ compensation and then win a third-party lawsuit, you will likely be required to pay the insurance company that paid your workers’ compensation benefit the amount you received from that benefit. This is what’s legally known as “subrogation.”
Common Types of Third-Party Claims
All cases are different, but some of the most common types of third-party workplace claims include:
- Car accidents
- Premises liability
- Defective products
- Toxic exposure
- Construction site injuries
These are far from the only third-party claims that might apply but they are some of the most common.
Call Now if You Believe You Have a Third-Party Claim
If you have been injured and are considering your options, contact The Law Offices of Larry H. Parker at 562-222-0146 for a free legal consultation. We do not recommend that you accept workers’ compensation until you have considered all of your options. We are happy to discuss the injury, your part in it, and your employer’s part in it to determine if there is someone else who could be held accountable.