Third-Party Claims when Hurt at Work

February 20, 2020

Third-Party Claims when Hurt at Work

As an employee, you may have heard that your only recourse after a workplace injury is to file a workers' compensation claim. While it is certainly the case that Alabama’s workers’ compensation statute does prevent workers from filing a personal injury claim against their employers, it does not prevent them from filing a personal injury claim against a third party whose negligence caused a workplace accident.

There are various parties whose negligence could result in a workplace accident and third-party liability. Some of the most common are discussed below. To learn more or to discuss the specifics of your case with a personal injury lawyer in Alabama, call our office today.

Independent Contractors

Independent contractors are common at many worksites, including construction sites, offices, and jobs involving general labor. When the negligence of an independent contractor results in an accident, victims can typically file a personal injury claim against the independent contractor - or his or her employer. For example, let's say you are a construction worker, and your company hires an outside firm to perform a specific task. If one of the outside firm's employees causes an accident, you may be able to recover compensation from that firm.

Manufacturers

All of us use various products while we are at work. Painters often work from ladders, office workers sit on chairs, factory workers operate various pieces of equipment, and the list goes on and on. If a product you are using in the course of your work is defectively designed, manufactured, or marketed, and that defect leads to a workplace injury, you can likely file a product liability claim against the product's manufacturer to recover for your losses.

Drivers
If you are injured in a car accident while you are driving within the scope of your employment and the accident was the result of another driver’s negligence, you can likely recover compensation from the other driver (typically through his or her insurance company). Some examples of driver conduct that usually qualifies as negligence includes:

●   Speeding
●   Distracted driving
●   Following too closely
●   Impaired driving

● Failing to signal lane changes and turns

Why Does it Matter?

You may be wondering why you would want to go through the trouble of filing a personal injury claim against a third-party when you are entitled to workers’ compensation benefits regardless of fault. The reason that it’s always preferable to file a personal injury claim if you can is that personal injury claims provide compensation for non-economic losses like pain and suffering, while workers’ compensation does not.

Call Us Today to Schedule a Free Case Evaluation with an Alabama Personal Injury Attorney
If you have sustained an injury at work that was caused by a third party’s negligence, there’s a good chance that you are entitled to compensation for your losses. For nearly two decades, attorney Matt Matthews has been helping injured victims get the compensation they deserve under Alabama law. To schedule a consultation with Mr. Matthews, call our office today at 334-398-8404 or contact us online.

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