It’s natural to assume that your employer is solely responsible for your workplace accident. However, this may not be so. Understanding the potential involvement of third parties in a workplace injury scenario may be crucial to better ensuring that you receive proper compensation for your losses.
First, it can help to understand who is considered a third party in a workplace accident scenario. Any individual or entity besides your employer can be considered a third party. It could be a manufacturer supplying faulty equipment, a negligent subcontractor on your work site, a reckless driver, an irresponsible property owner or even an unruly customer. If any of these parties played a role in your workplace accident, you may potentially be entitled to pursue a workers’ compensation claim and a personal injury claim.
Navigating a third-party claim
A personal injury claim against a negligent third party is more complicated than your typical workers’ compensation case. You must establish the third party’s duty of care, prove their breach, demonstrate a direct link between their actions and your injury and quantify the damages you’ve suffered.
Your contribution or degree of fault for the workplace accident is also important in such claims and can affect your ability to get compensation. Under Virginia law, you likely cannot claim compensation from a third party if you contributed to the causes of your workplace accident.
The good news is that you can recover a wider range of damages via a successful claim against a third party, such as pain and suffering, emotional anguish and a reduced quality of life. Workers’ compensation benefits do not cover these damages.
Get the help you need
From assessing your damages to negotiating a settlement, a lot goes on with claims against third parties, and seeking informed guidance is crucial. With the necessary legal assistance, you will be better placed to understand the intricacies of your case, identify the potentially liable third parties, gather evidence and build a strong case.