Understanding Third-Party Liability in Work Injury Claims
Workplace injuries can have devastating effects. Medical bills rack up, wages deplete, and quality of life takes a nosedive. Although workers’ compensation can provide some coverage, there may be additional remuneration if a third party contributed to your accident.
What Qualifies as Third-Party Liability
Third-party liability means someone beyond your employer holds responsibility for your injury. Some examples include:
- Another driver who caused your accident in a company vehicle
- Being bitten by an owner’s dog while on a house sales call
- A slip and fall injury caused by a janitorial service’s failure to put up caution signs
- A construction site injury caused by another company on the property
Workers’ Comp vs. Third-Party Liability
Workers’ comp is a no-fault system, meaning you, as the employee, don’t have to prove negligence on the part of your employer. However, this system only provides compensation up to a point.
Third-party liability, however, is nearly the opposite. Proving negligence is essential for your claim, but you may be eligible for maximum compensation depending on the circumstances.
It’s important to note that workers’ comp and third-party liability are not mutually exclusive. An injured party is free to pursue both paths of compensation, should their situation fit the qualifications.
How to Prove Negligence
Proving negligence can be challenging, as it requires multiple verifications. However, in such cases, look for these infractions:
- an expected duty of care
- a breach of care
- injuries sustained from that breach
- monetary damages as a result of that injury
A straightforward example may look like this:
- a home salesperson expects owners to have control of their pets
- the owner does not have their dog kenneled or on a leash
- the dog—which does not have up-to-date shots—bites the salesperson
- the injury requires reconstructive surgery, medication, and time off work
Seek Legal Counsel
Unfortunately, most cases aren’t that obvious. It is critical to seek legal counsel that can evaluate all aspects involved in your accident. Here at Dipasquale Moore, we leave no stone unturned. If you’re the victim of a third-party work injury, we want to help secure your deserved compensation. Call today at (888) 743-1030 for a free consultation.