When a failed grate sent Bryan 11 feet down into the bottom of a steam press, his first thought wasn’t, Should I hire a work injury attorney? His first thought was, Am I alive?
When you’re seriously injured at work, big questions come at you all at once. How serious are your injuries? How will you pay for your medical costs? Will you be able to work again? Taking care of the emergency in front of you becomes your primary focus, and many workers forget to take a step back and ask if someone else could be held responsible.
For your immediate costs like your initial medical bills and 2/3 of your average lost wages, workers’ compensation can help. For costs beyond that, like future lost earnings and pain and suffering, you’ll need to file a third party workplace injury claim.
If you’ve been seriously injured at work, one of the most important questions you can ask yourself is: could someone else be liable for my injury?
Could Someone Else Be Liable For Your Work Injury?
5 Signs Your Injury Might Involve a Third Party
If your response to your workplace injury was, “That shouldn’t have happened.” That might be a sign someone else was at least partially responsible for your injuries. In fact, it’s more common that you think for a third party to be held accountable for workplace injuries. That’s because your workplace environment is affected by multiple companies and subcontractors that on any given day could act carelessly or have a defective product fail.
But many injured workers assume workers’ compensation is their only option. If you were hurt at work, these are five signs that a third party contributed to your injuries and you could have a viable claim.
The Equipment was Defective or Malfunctioned
Forklifts, scaffolding, power tools, machinery guards, and ladders are all examples of frequently used equipment that can cause serious injuries if they’re defective. If the equipment you were using when you were injured malfunctioned, was poorly designed, or had a known defect, the manufacturer could share responsibility, separate from your employer.
There Were Other Companies Working Onsite
Construction sites and other large worksites often involve multiple employers and subcontractors. If a worker, equipment, or negligence from another company caused your injury, your employer’s workers’ comp policy isn’t the only option for you to recover compensation for your injuries.
You Were Injured in a Work-Related Car Crash
If your job involves driving and another driver hit you while you were working, the other driver is considered a third party. You can file a claim with their auto insurance separate from your workers’ comp claim.
Your Injuries Were the Result of Exposure to a Harmful Product
If your injury was the result of exposure to chemicals or industrial materials, your exposure might be the result of inadequate warnings from the manufacturer or supplier, the result of a defective product packaging, or other negligence.
The Injury Happened on Someone Else’s Property
If you were working at a location your employer doesn’t own like a client’s office, a job site, or a retail location, and a hazardous property condition caused your injury, the property owner may bear responsibility.
What is a Third Party Workplace Injury Claim?
A third party workplace injury claim is a personal injury lawsuit that holds someone other than your employer, like an equipment manufacturer, responsible for your injuries. They’re a crucial tool because these types of claims are often the only way for you to receive just compensation for the drastic changes you experience in your life.
In addition, third party workplace injury claims work with workers’ compensation claims to give you the greatest possible financial support during this uncertain time. So, if you were hurt at work, contact an attorney and ask, “Could someone else be liable for my injuries?”
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How Workers’ Comp and Third Party Workplace Injury Claims Work Together
When you’ve experienced a serious injury at work, the first step is to get help with your immediate costs. So, you’ll want to file a workers’ compensation claim. Then you can reach out to a work injury lawyer to see if someone else could be held responsible for your injuries. In most cases, these claims can be filed around the same time for the same injuries and shouldn’t conflict with each other. Your workers’ comp claim will reimburse for your immediate expenses first, then the third party settlement will pay for the rest.
The Expenses a Third Party Claim Will Pay for
When you’re seriously injured at work, you most likely have to make major adjustments to your life. You might need to train for a new career; your injuries might require ongoing medical treatment, and you might have to make permanent changes to your home or move homes to accommodate your new physical reality. The following economic and non-economic damages you can recover with a third party claim can pay for all of them:
- Pain and suffering. This is compensation for the emotional trauma of enduring both the incident and its aftermath.
- The full amount of your current lost income and diminished future earning capacity. One of the most devastating aspects of a serious workplace injury is the loss of the future you were building. A third party claim can compensate you for your inability to pursue your current career.
- Reduced quality of life. If your injury affects your ability to do engage with the hobbies you once enjoyed or makes other everyday tasks or experiences difficult, a third party claim will account for this.
- Punitive damages. In cases involving serious negligence, you could be awarded a settlement that goes beyond your actual losses. Punitive damages are meant to punish the negligent party for especially harmful conduct.
How Does it Work When You Have Both a Workers’ Comp and a Third Party Claim?
In many cases, the insurance carrier that reimbursed your workers’ compensation claim will try to recover those reimbursements from your third party settlement. A work injury lawyer can negotiate with your workers’ compensation insurance carrier so that you keep more of your settlement.
When to Get a Lawyer for a Work Injury
If you’re wondering when to get a lawyer for a work injury, the honest answer is: earlier than most people think. That’s because evidence can disappear; equipment can get repaired or replaced, and witnesses move on. In addition, most states have statute of limitations for third party claims and waiting until your comp case wraps up can mean missing that window entirely.
What work injury lawyers typically do:
- Investigate the full circumstances of your accident, not just what’s needed for workers’ comp
- Identify and preserve evidence before it’s lost
- Handle communication with insurers, including subrogation negotiations
- Coordinate your workers’ comp and third party claims so they work together
- Build your case around the full value of what you’ve lost
Most attorneys who handle third party claims work on contingency, meaning there’s no upfront cost, and you don’t pay unless they recover compensation for you. There’s no financial risk to having the conversation.
Contact a Work Injury Lawyer to Find Out If Your Case Is Worth a Closer Look
If you’ve been seriously hurt at work, contact an attorney and ask the question: could someone else be liable for my injuries?
It might be a piece of equipment. A subcontractor. A negligent driver. A property owner. Contacting a work injury lawyer for a free case evaluation can help you understand what your options are, the process and what you can expect.