Who Can Be Held Liable in a Third Party Work Injury?
Who Can Be Held Liable in a Third Party Work Injury?
The State of Alabama has workers’ compensation laws in place to protect the rights of people who sustain injuries on the job. This is a no-fault system, which means you can qualify for benefits no matter who or what caused your injuries as long as the injuries resulted from your performance of your job duties.
Workers’ compensation benefits are limited compared to those that might be available in an injury claim. For example, workers’ compensation only covers medical treatment costs, provides you with 66-2/3 percent of your average wages if the doctor says that you need to miss work, and ultimately compensation for any permanent impairments that you may have resulting from the on the job accident or injury. If you need medical treatment for a work-related injury, contact your employer for them to provide you with a doctor and treatment at the employer’s expense. If you seek medical treatment on your own for a work-related injury, you will likely be responsible for the payment for your medical treatment.
In Some Cases, Injured Workers Can File Personal Injury Claims
It is important to realize that the workers’ compensation system does not prevent workers from filing lawsuits against third parties that caused the accident and injuries. If you have a work injury caused by a third party such as another person or employee of another company, you might be eligible to receive workers’ comp benefits in addition to the damages available in a lawsuit. But who can be held liable for your work injury in this type of situation?
Common Third-Party Liability
A third party that might be liable for your work injury can be anyone not associated with your employer. Many third parties can contribute to or cause accidents to workers, including the following.
Other Drivers
If you drive as part of your job, and someone else causes a crash, you can recover from workers’ compensation because the accident happened in the course of your employment. However, you can also file a claim to recover damages from the negligent driver who caused the collision.
Contractors
Many worksites have contractors and subcontractors who are not considered to be employees of your company. If one of these contractors is negligent and causes injuries, they can be held liable for the harm they caused. For example, if you are working on a construction site, and a contractor carelessly drops an object from a high place that hits you on the head, they can be responsible for your losses.
Manufacturers
Many people use a wide range of equipment on the job, and manufacturers should produce and sell equipment that is safe for workers to use. If a company sells defective equipment, and you suffer injuries due to the defect, you can hold the manufacturing corporation liable.
Property Owners
Property owners have the duty to keep their premises safe for visitors. If you are working on another party’s property, and hazards exist that should have been addressed by the owner, you can file a third-party claim if the hazard leads to your injuries.
Discuss Your Options with a Montgomery Personal Injury Lawyer
At The Law Office of Richard F. Matthews, Jr., we help injured workers maximize their compensation through both workers’ compensation and third-party injury claims. Call 334-398-8408 or contact us online to learn how we can help you.
No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
The Law Office of Richard F. Matthews, Jr. serves Montgomery County, Pike County, Elmore County, Autauga County, the River Region of Alabama and throughout the State of Alabama, including Montgomery, Troy, Wetumpka Prattville, Selma and Tuskegee. No attorney-client relationship is established by requesting a consultation or emailing Attorney Richard F. Matthews, Jr.. Information submitted in such communication is not privileged and may be subject to disclosure.
