Workplace Third-Party Liability

If you have been injured on the job, you may be entitled to receive worker’s compensation from your employer and insurer to pay for your medical bills and lost wages. A workers’ compensation claim, however, will not allow you to sue your employer for negligence, regardless of how egregious their conduct.

A third-party claim arises when an employee is hurt by a defective product or someone other than the worker’s employer. This can include a customer, another company’s employee, or a member of the public. These third-party claims, however, must be preserved prior to a settlement of any worker’s compensation claims.

Those third-parties who can be held liable for a workplace injury can include:

  • Owners of businesses you visit as part of your job who fail to maintain their property
  • Manufacturers of workplace equipment, tools, or materials, whose products had a defect
  • Drivers who cause an accident which injure you while driving as part of your job

Most workers’ compensation payments are capped by law, so if you are severely injured you may be unable to recover all the compensation you need. Pursuing a third-party liability claim can provide a damages award that fully compensates you for your injuries.

While workers’ compensation can cover the costs of hospitalization and lost wages, it will not cover general damages like pain and suffering. An attorney can work to bring you the additional benefits of a third-party liability claim so you can get back on your financial feet after suffering a serious injury at work.

Glenda Cochran Associates, Attorneys at Law have been working on behalf of the injured for over 25 years and in that time, we have already been able to recover millions of dollars in damages on their behalf.