Workplace Accidents and Third-Party Lawsuits: All You Need to Know

Workplace accidents are a common occurrence on any job site. From small slips, minor bumps, to severe accidents such as falls from heights and motor vehicle accidents, any of these accidents can happen on a worksite, causing the worker to sustain severe injuries that will lead them to miss several paychecks. Following a work-related injury, the standard course of action is to apply for workers’ compensation benefits.

The workers’ compensation system is designed to protect employees and employers after an on-the-job accident. Employees may receive money to treat their injuries and cover their lost wages, and in return, they forgo the possibility of suing their employers for damages. However, what if a third party is responsible for your injuries?

In these cases, you may be able to hold them liable for your injuries and receive compensation. Here’s everything you need to know about workplace injuries and third-party lawsuits.

When Would a Third-Party Be Responsible for your Injuries?

Workplace accidents caused by third-parties are more common than you might think. Every day, workers are exposed to all kinds of hazards that can cause severe injuries. However, not all hazards arise from the negligence of the employer or the worker; the negligence of other parties can also end up causing workplace injuries.

Examples of Third-Party Claims

In certain situations, other parties may be liable for a workplace accident. Some accidents in which third-parties may be involved include the following:

Car accidents: If while driving a company vehicle, or while performing work-related tasks in your own car, you were involved in a car accident, you may be able to sue the driver at fault to obtain additional compensation.

Defective products or tools: A defective product can cause a variety of injuries, such as a car accident due to a brake malfunction, or an amputation from a defective saw. If you suffer a work-related injury because of a malfunctioning tool or a faulty product manufactured by another company, you may be able to sue them for compensation. 

Construction site injuries: Some construction site injuries can lead to third-party claims due to the various companies involved in the project. For example, if you are a subcontractor and sustain a slip and fall at a construction site, you may be able to sue the general contractor for compensation, as they should be in charge of site safety.

Property owner liability: You may have to go onto other people’s property while performing work-related activities. For example, if you go to someone else’s house to make a sale and the owner’s dog bites you while you are there, you may be able to sue him for damages.

Toxic substances: If you suffer an injury or illness due to exposure to toxic substances on the job, you may be able to sue the manufacturer of the substance for additional compensation.

Can You Get Workers’ Compensation and Sue a Third-Party as well?

If you want to receive workers’ compensation benefits, you must waive the possibility of suing your employer for negligence. However, that doesn’t mean you can’t sue third-parties for additional compensation.

For example, if you cut off your finger at work due to a defective power tool, you may be able to apply for workers’ compensation benefits, while also pursuing a claim against the manufacturer. The two claims are not mutually exclusive.Now, if you want to know all of your options, you should talk to a workers’ compensation attorney in Los Angeles, such as C&B Law Group. This law firm has years of experience dealing with these types of claims, so don’t hesitate to call them if you want to know the value of your case in minutes.