In Addition to Workers' Compensation ...
Were you injured at work? You are entitled to workers' compensation, as you know. But you may also be entitled to compensation from a third party, a person or an entity that caused your injuries through negligence. Your employer's obligation is limited to workers' compensation, but you may have a case against a third party.
Work Injuries and Third-Party Liability
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The best way to find out if your on-the-job accident may involve third-party liability is to contact an experienced personal injury attorney. At Ellis Law Offices in Worcester, Massachusetts, your lawyer will listen to your story about your work accident and investigate any third-party liability claim.
Examples of third-party liability claims include:
- Sub-Contractor: When a sub-contractor is injured at a construction site, and the injuries are caused by the negligence of the general-contractor or another sub-contractor, then the injured party can bring a third party negligence claim against the general or the other sub-contractor. See heading construction site accidents under workplace injuries for additional info.
- On-the-job car accident: A worker was driving as a part of the job (making a delivery for the employer, visiting another job location, or driving from one customer to another). Another vehicle rear-ended the worker's car. The worker is entitled to workers' compensation plus a third-party liability claim against the negligent driver.
- Machine operator accident: A factory worker was working on a machine that caused the loss of a hand or limb. An investigation revealed that an outside company (a third party) serviced the machine, improperly maintained it and removed a safety guard, which is a violation of safety guidelines. The employee would get workers' compensation plus have a case against the outside service company.
- Temporary worker accident: A worker at a temp agency was placed at a third-party place of employment. A negligent forklift operator at this employment location caused the temp worker serious injuries. The temp worker was covered by the temp agency's workers' compensation policy and, in addition, could make a claim against the third-party company, which is the company that owns the forklift and hired the negligent forklift operator.
In a workers' compensation claim, the employee can collect benefits whether the worker, a coworker, the employer or a subcontractor was at fault or not at fault. In third-party liability cases, negligence must be proven. Under third-party liability, the injured person could be entitled to compensation for pain and suffering, financial losses and damages, degradation in the quality of life, loss of marital relations and deprivation of family relationships.
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*Many Attorneys don't identify the existence of a third party claim and never bring it: At Ellis Law Offices we don't leave a rock unturned. If you have a viable third party claim, we'll find it and pursue it along with your workers' compensation claim.
The damages recovered by Ellis Law Offices in third-party negligence claims are usually significantly larger than the workers' compensation claim for the same injury. This is due to the narrow scope workers' compensation law looks at in what it determines to be considered "damages". If you feel your work accident was caused by a third-party's negligence, contact our attorneys for a free consultation.
