Third-Party Liability in Workers’ Compensation
What happens when you are injured on the job but your employer was not at fault? In cases like this, third-party liability may come into play.
In general, third party liability applies to bodily injury caused by a third party as a result of some action, inaction, or negligence on their part. For a third party to be liable in a workers' compensation case — or any other personal injury claim — the injured person must require medical treatment or care for recovery.
Workers' Compensation and Personal Injury Claims in Third Party Liability Cases
Let's say that you were injured while working on a construction site. Your employer may not actually be at fault for your injuries. For example, a defective piece of equipment may have malfunctioned, causing your accident and injuries. In this case, the equipment manufacturer could be the responsible party. Instead of — or in addition to — filing a workers' compensation claim, you could file a personal injury lawsuit against the manufacturer of the defective equipment.
Workers’ compensation allows you to receive some financial support while you are out of work, plus payment for medical expenses. However, it does not always cover all of your financial and medical needs. It also does not allow you to sue your employer for your injuries.
A third-party personal injury claim may be the best approach to get the compensation you are owed. In any workers' compensation or third party liability case, the key is quality representation. You need a personal liability law expert who will perform a thorough investigation of the accident and its causes.
Personal Liability and Workers' Compensation in Atlanta: Pursuing All Avenues for Compensation
Filing a personal liability action does not prevent us from ensuring that your workers’ compensation benefits are paid as well. In many cases, our clients will collect workers' compensation benefits while we pursue a third-party personal liability lawsuit. These cases often end in a favorable settlement for our client. While not all work-related injuries result in personal injury claims, you can count on the team at McAleer Law to help you understand your case and the best approach to get the compensation you're owed.
If you have questions about a work-related accident involving third-party liability, call McAleer Law.