Injuries at work may keep you from returning to your occupation, sometimes permanently. In such cases, you would typically rely on workers’ compensation benefits to cover the costs of medical care, lost income and other expenses associated with your injury. Your family may also be able to collect these benefits if the work accident was fatal.
Workers’ compensation limits your ability to bring a claim for damages against your employer. You cannot sue your employer for a work accident in many cases, and neither could your family members. Fortunately, there is a catch to this rule. There are some cases where a “third party” is responsible for causing a workplace injury or death. You may be able to file a work accident lawsuit in such cases.
What is a Third Party?
Third parties are individuals or businesses that are separate from your employer. Examples of third parties may include:
- Product or equipment manufacturers: Defective equipment may have caused your work accident. In such cases, you may be able to sue the manufacturer. Our law firm recovered $8.8 million for the family of a worker who was killed by a defective crane.
- Workers employed at other companies: Sometimes, workers at other companies may cause workplace injuries or deaths. Let’s say for instance you were injured while touring the factory of a client. If the business operating the factory was responsible for what happened, you may be able to file a third-party lawsuit.
- Other motorists: Motor vehicle crashes are the leading cause of workplace accidents. Many crashes are caused by drivers who are not employed by the worker’s employer. In such cases, a personal injury lawsuit may be an option you could pursue.
- Property owners: Work accidents may occur on properties that are not owned by the injured worker’s employer. In such cases, it may be possible to pursue damages against the property owner.
Can I File a Work Accident Lawsuit?
It is not uncommon to assume that workers’ comp benefits are the only option available to you after a workplace accident. As we have demonstrated, it is sometimes possible to file a personal injury lawsuit against third parties who are responsible for the accident.
If you or a loved one were injured at work, the Atlantic City construction accident attorneys at Targan & Pender, P.C. can help inform you of whether filing a third-party lawsuit is an option.