After an accident at work, you may be able to file a claim for workers’ compensation benefits. Due to workers’ comp, you typically cannot file a lawsuit against your employer after being injured at work. However, there are cases where you could file a lawsuit against a “third party”. These are parties that are not employed by your employer.
Third parties may include subcontractors, other drivers or equipment manufacturers. They could also include homeowners and other types of property owners. Examples of third-party lawsuits may involve claims against parties that include:
- Equipment manufacturers: Defective equipment may be responsible for workplace accidents. Workers injured by defective equipment could file lawsuits against the manufacturers.
- Motorists: Some third-party lawsuits involve claims against other motorists, such as distracted or drunk drivers.
- Property owners: Some workplace-related asbestos lawsuits are filed against third parties, such as the owner of specific building. Third-party lawsuits could also be filed against homeowners. For example, if a technician is electrocuted by a foreseeable hazard while installing phone lines on someone’s property.
- Subcontractors: Many jobsites, such as those found in the construction industry, have employees from multiple companies working alongside each other. The employers of subcontractors can sometimes be liable for workplace accidents.
Do I Need an Attorney After an Accident at Work?
These are only a few examples of defendants named in third-party lawsuits. It is not always clear who is responsible for a workplace accident. You should always speak with a personal injury attorney following a workplace accident. An attorney could investigate your claim to help you determine who is liable for your or a loved one’s injuries.
One of the major benefits of a third-party lawsuit is that it allows you to recover damages for pain and suffering. These may be considered “noneconomic damages”, which are not included in workers’ comp payouts. As a result, the compensation gained from a third-party lawsuit can far exceed what is allowed under traditional workers’ comp benefits.
The Atlantic City workplace injury attorneys at Donald G. Targan & Associates can investigate your workplace accident and inform you of whether you have options to file a third-party lawsuit.