While common, workplace injuries are an unfortunate occurrence in the United States. These injuries can occur due to various reasons that may not be in the control of the employee or employer in question. However, in some scenarios, the injury may occur due to someone’s negligence such as the employer or a faulty equipment or another co-worker. In such a case, the injured employee can file for settlement and take legal recourse. However, there are scenarios where the employee cannot sue the employer. These are often third-party liability cases. Here’s what you should know about it as shared by a top injury attorney.
What is third party liability in work injury cases?
Third party liability injuries refer to cases where the injury caused to the worker is because of negligent actions or omissions by a third party. Third-party liability may arise when the entity or person that has caused the injury is separate from the employer but the accident has occurred at the workplace. A few common examples of third-party liability are injuries due to manufacturing or design defects, drivers who cause accidents that injure a worker on the job, and owners of businesses that a worker visits as part of a job.
What happens if you get injured due to third party negligence?
With third-party liability claims, similar to other scenarios, it is required that you prove the third party’s fault, omission or negligence. To prove the third party’s negligence, the injured party needs to prove damages, causation, duty, breach of duty. However, in cases where the injury is a result of product-related defections and the victim makes the claim against the product manufacturer, it may be possible to file a strict liability claim. In this case, the manufacturer can be held liable by proving that there was a defect and that it caused the injury.
What should you do if you get injured due to third party negligence?
First and foremost, seek medical care as early as possible. Thereafter, maintain all documentation relevant to the accident. This could include medical expenses, transportation expenses, loss of income/wages, and other such tangible expenses. It is also important to account for pain and suffering caused due to the injury. Moreover, proving negligence can be a complex process especially since a third party is involved and you may not be liable for a worker’s compensation claim, hence, consider working with a personal injury attorney to get the rightful claim for your injuries.
If you or someone you know has been injured due to third party negligence at their place of work, you need the top injury attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.