Often times, when you are injured at work it is due to the fault of someone other than your employer. If this is the situation, you may not only have a workers’ compensation claim, but also a negligence action, or third party claim. A negligence action cannot be brought against your employer, but rather, it is brought against a third-party and seeks to recover pain and suffering and other losses which you cannot recover under Workers’ Compensation.
There are several instances where these circumstances could result in additional claims, such as:
- Motor Vehicle Accidents If you are injured in the course of your employment while riding in a motor vehicle you may have both a Workers’ Compensation claim and a motor vehicle claim. It is critical to establish immediately the potential claims that may exist.
- Construction Accidents Many times workers are injured at construction sites as a result of the failure to provide proper safety equipment, procedures and training. This has resulted in a wide range of injuries resulting from falls from heights, electrical shocks, crane operations, trench collapses and many others. If you are injured at a construction site, even if you are working unsafe you may still have a third party case.
- Slip & Fall Accidents If you fall in the course of your employment due to a dangerous condition you may have a third-party claim. Although you cannot sue your employer who provided Workers’ Compensation benefits, you may have a claim if the dangerous condition that caused your fall was the responsibility of some other party.
- Product Liability The source of a work-related injury may be the consequence of a product that malfunctioned or a product that is improperly designed. I understand the importance of conducting a timely investigation into the cause of the injury, so responsible parties can be identified and held accountable.
- Medical Malpractice Your work-related injury may be worsened by incorrect treatment or a misdiagnosis by a medical professional. Medical malpractice claims can provide you with the best option in order to receive proper compensation for your pain and suffering.