Premier Workers' Compensation And
Personal Injury Representation

Can you sue a third party for a work injury?

On Behalf of | Sep 1, 2021 | Workers' Compensation |

Following a workplace accident, you may be awarded workers’ compensation benefits for your injuries. Receiving such benefits means that you cannot sue your employer for the workplace accident, but it does not stop you from taking legal action against a third party responsible for your injuries.

Typical situations where such third party liability may arise are:

  • Design or manufacturing defects that led to your workplace accident.
  • A car accident in the line of duty.
  • Unsafe conditions in premises that you visit as part of your job, among others.

Going about your case

You will need to show negligence or other wrongful acts or omissions by the third party in question. To prove their negligence, you must establish a duty of care owed to you by the third party and the breach of such duty of care which resulted in your injuries.

For example, suppose a defective product caused your workplace accident. In that case, you may file a product liability lawsuit against the manufacturer since they owe you a duty of care as the end-user of their product.

More about your third-party claim

After you sue the negligent third party for the workplace accident, your employer can file a subrogation claim. Its purpose is to help the business recover the workers’ compensation benefits awarded to you due to the injuries sustained.

The amount will be deducted from your settlement, but you get to keep everything if your employer does not file the subrogation claim.

The law is different across states when it comes to such cases. Therefore, it is worthwhile to be conversant with your state laws before taking any action. In addition, there is a period beyond which you cannot seek legal remedy for your injuries and having such information is necessary to protect your legal rights and get the justice you deserve.

Rss Feed

FindLaw Network