Should you find yourself in the unfortunate predicament of being injured at work, you may not know what action to take. You might not know if you should go the traditional route of seeking workers’ compensation, if you need to undertake a third-party claim, or both.
Third-party negligence may be the cause of your injuries. If this happens to be the case, it can be challenging figuring out if you can make a valid third-party liability claim as you might not know much about how third-party claims work. Not all injuries suffered are due to a third party’s conduct, and as such, it’s vital to know whether or not you could claim compensation and from whom. Always discuss the matter with a Los Lunas personal injury lawyer.
What Exactly Are Third-Party Liability Claims?
Third-party liability claims are different from workers’ compensation claims. With a workers’ compensation claim, the employee doesn’t have to prove that the employer is at fault for the injury. This differs from a third-party claim, as a person has to prove negligence on the part of the third party. A third party is predominantly anyone besides the company for which you work.
When a job injury is not the employer’s fault, then an employee might file a third-party claim to gain compensation for injuries incurred. For a third-party claim to be successful, it must be proven that a third party caused a person to sustain injuries due to negligent or reckless omissions or actions.
You will have to establish the following for your claim to be considered:
- The third-party that caused your injury owed you a duty of care. This is often the case with a vehicle driver on the road, a product manufacturer, and property owners allowing you onto their property.
- The third-party breached the duty of care, and this caused your injury. This might happen when the third-party broke traffic laws, failed to keep a property safe, or manufactured products that were unsafe, and this led to your injury.
- As a direct result of your injury from the third party, you suffered losses. These could be in the form of medical expenses, pain and suffering, disability, and lost wages.
When Might a Third Party be Liable for Your Work Injury?
There are many instances where a third-party liability claim can be brought forward, and you could potentially file a claim for compensation. Below we have listed a few common situations that might be the cause of your injuries due to a third party’s negligence.
- Construction site accidents where another company was also working on the site, and the other company’s workers were at fault for the accident.
- The injuries you suffered are due to a defective product, such as faulty tools and equipment. In this instance, you could file a claim against the manufacturer responsible.
- You received a work-related injury as the result of a motor vehicle accident. You might be able to file a third-party liability claim against the driver who caused the accident.
Call a Los Lunos Personal Injury Attorney Today to Discuss Your Third Party Liability Case
Injuries due to third-party negligence affect many people on the job every year. That’s why it’s essential to understand what a third-party injury claim is and how you can go about filing a case. It would be in your best interest to seek legal counsel with a Los Lunas personal injury attorney who regularly handles work injury cases. To schedule a free consultation regarding your claim with The Law Firm of David C. Chavez, LLC, you can call 505-865-9696 or contact us online.