If a third party’s negligence contributed to or directly caused your workplace accident, you can file a personal injury claim against them to seek compensation for your damages. This is known as a third-party liability claim, and it is separate from your workers’ compensation claim.
Such a scenario can arise in various instances. For example, an independent contractor may have failed to take reasonable steps to protect you from harm, or a reckless driver may have crashed into you while you were on the road for work-related duties.
Is a third-party liability claim worthwhile?
You may question the necessity of filing a claim against the negligent third party, given that you can get workers’ compensation benefits. The short answer is that it can be worthwhile. Here is why.
Workers’ compensation benefits only cover lost wages, medical expenses, disability and death benefits. However, you can recover more damages with a third-party liability claim that your benefits do not cover. They include damages like pain and suffering, lower quality of life, emotional anguish and a diminished earning capacity.
What do you need for a successful third-party liability claim?
Your claim against a negligent third party is like any other personal injury claim. Certain elements must be present in your claim for a desirable outcome.
First, the potentially liable third party must have owed you a duty of care. Second, there must be a causal link between their negligence and your workplace accident. Finally, you must have suffered damages as a result of their negligence.
It is best to consider seeking expert guidance before filing such a claim. Navigating the claims process will be much easier if you have experienced representation to look out for your rights and interests.