After you have been injured, you may find that the medical costs, lost wages, and other financial losses start to add up. While your injury occurred at work, it was not directly related to your work. Instead, a third party was at-fault for your slip and fall injury. But, if your injury occurs at work, must you only seek compensation from a workers’ compensation claim or do you have other options?
Any employee performing his or her job duties can easily be injured at work by a third party. This third party will have no link to the employee’s business and, in these instances, the employee could benefit from filing a claim against the third party. Individuals who are injured by third parties often have the right to file a workers’ compensation claim, as well as a separate claim against the third party responsible for their injuries. But, if you are successful with a third party claim, you may be required to reimburse your workers’ compensation benefits and the remaining balance of your award would then be used for your medical costs, lost wages, and other damages.
Example of a Third Party Action
You work for a cable TV provider and were assigned to install cable at an apartment complex. While you were putting in the lines, you slipped and fell over cables left by the other installers and were seriously injured. The apartment complex was under construction and the other installers were doing electrical work unrelated to your cable TV work. You could file a third party claim against the electricians because of the property owner’s gross negligence in having you install cable lines while other lines were exposed and created a hazard.
Other Options for Third Party Claims
There are instances when you can file a third party claim for your slip and fall injury at work. These instances can include:
- Defective Products and/or Equipment – In some cases, you may be injured due to defective products or equipment. For example, you slipped and fell because the safety mats that you were provided had inadequate anti-slip materials on the bottom; thus, causing you to fall and injure yourself.
- Toxic Substances – You may have slipped and fell at work, but if you were then struck by toxic substances as part of that fall or you fell into a toxic substance, you may also have a claim. This is especially true if your employer was aware of the dangers of the substance and failed to provide you with protective clothing or the container that housed the toxic substance was inadequate; thus, causing it to spill and harm you.
- Co-worker Actions or Negligence – If your coworker was negligent or purposely made you slip and fall, then you may be able to file a claim against him or her for these actions. For example, your co-worker purposely created a dangerous situation to make you slip and fall after tensions rose at work. In this instance, you would have a third party claim against the employee or even the employer – if the employer knew about the tensions and risk for retaliation, but did nothing about it.
Have You Been Injured at Work Due to a Third Party? Contact an Attorney
It is important to explore your options for private, third party lawsuits. If you have been seriously injured at work, contact The Slocum Firm, PC today. We can assess your workplace injury and help you determine if a third party lawsuit is warranted in your case. While not all work injuries qualify, we want to sit down with you and help you explore your options to ensure that you receive adequate compensation for your injuries. Call us now at 888-367-4577 to schedule a consultation or fill out our online form with your questions.