Third-Party Liability in a Worker’s Comp Claim

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Work-related injuries can be some of the most emotionally draining ones to deal with. Not only are you more than likely going to be unable to work for a period of time, but you also have to contend with the fact that if the injury is serious enough you may be facing lifelong disabilities. When it comes to filing for workers’ compensation, the outcome may simply not be enough to sustain you for life. In some cases, you may qualify for a different type of compensation: third-party liability.

Third-party liability in a worker’s comp claim occurs specifically when someone not working for the employer is the one who caused the injury. Therefore, this may be a different type of case you’re dealing with and you may not be filing strictly for worker’s comp. This is an important thing to know before moving forward with your case so that you can be sure you’re acting in your very best interest. So, what situations does this type of claim get bundled into?

  1. Defective products in the sense that the tool you are using which caused the injury is faulty due to manufacturing issues, which then would make the manufacturer liable for the injuries.
  2. Car accidents in a company vehicle where the person who caused the actual accident is the one who is liable.
  3. Co-worker negligence is also a common case. This happens most often in terms of “co-worker assault.”

While there are many more examples of third-party liability, those are a few of the most common. In most cases, you will only be able to file for either worker’s compensation or for third-party liability. To help you decipher which route you should take that would prove to be the most beneficial, it’s helpful to have an attorney around who can explain it all to you and alleviate some of your stress.

The last thing you want to have to do when dealing with a work-related injury is dealing with logistics. It’s your attorney’s duty to help you make the most well-informed decision possible and guide you into doing so.

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