Third-Party Liability In Work Injury Cases
Most workers in Florida are covered under workers’ compensation insurance. When a worker covered under workers’ compensation insurance sustains a work-related injury, they can file a workers’ compensation claim and recover workers’ compensation benefits. By accepting workers’ compensation benefits, an injured employee gives up their right to sue their employer for any negligence that may have resulted in their injury. However, filing a workers’ compensation claim does not mean injured employees cannot hold other negligent parties liable. An injured employee who is eligible to file a workers’ compensation claim may also be eligible to file a third-party liability claim if a third party who is separate from their employer is to blame for their injury. A third-party liability claim allows an injured employee to recover additional compensation (i.e. pain and suffering) in addition to workers’ compensation benefits. Keep reading to learn more about third-party liability claims in work injury cases.
What Is Third-party Liability?
This form of liability arises when an employee suffers an injury at work because of a negligent or reckless third-party’s actions or omissions. A third party is another person or entity that is separate from your employer.
The following are some workplace accidents that should always be investigated to determine if third-party liability applies;
- Motor vehicle accidents
- Machinery malfunction
- Property hazards
- Floor, wall, or scaffolding collapse
As it pertains to people and entities that could be third parties in work injury cases, the following are some examples;
- Architects and engineers
- Construction sites owners
- General contractors or sub-contractors
Third-party Liability Claims in Work Injury Cases
Many assume that filing a workers’ compensation claim is the only option for recovering compensation after a work-related injury. In work injury cases involving third-party negligence or recklessness, a third-party liability claim can be brought forward in addition to a workers’ compensation claim. An injured employee can recover workers’ compensation benefits through a workers’ compensation claim and additional benefits through a third-party liability claim.
If you sustained a work-related injury and believe another party that is separate from your employer is responsible for your injury, you should consider a third-party liability claim. A third-party liability claim can ensure you recover enough money for your recovery. If you sustained a permanent disability, filing a third-party liability claim can ensure you recover enough money to help you deal with your disability.
What Can I Recover in a Third-party Liability Claim?
Below are some of the damages you may be able to recover in addition to workers’ compensation benefits after filing a third-party liability claim;
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Value of domestic services
- Loss of enjoyment of life
You should note that unlike the case with a workers’ compensation claim, you are required to prove that the third party’s negligence or recklessness caused your work-related injury before you can recover compensation in a personal injury claim.
Contact a Key West & Marathon Workers’ Compensation Lawyer
Filing a successful workers’ compensation claim can be challenging. Also, determining which person or entity may be held liable for a work-related injury and developing a successful third-partly liability claim can be challenging. That is why it is best to work with an attorney.
At Florida Keys Injury, we have been helping injured workers stand up to employers and third parties for years. We can help you too. Contact our Key West & Marathon workers’ compensation lawyers today by calling 786-605-8500 or filling out our online contact form.