Even though you sustained a work injury, there might be other liable parties besides your employer. Your employer covers their potential liability with workers’ compensation, which bars your right to sue. However, you should meet with a Duluth workers’ compensation lawyer to see if other parties might be liable as well. If someone else is at fault, you could have a third-party liability claim.
Third-party liability exists when someone not working for your employer causes your injuries. Perhaps you are a construction worker working on the same worksite as other contractors. An electrician is working and leaves a live wire exposed. You touch the live wire, not knowing it was there because the electrician didn’t post warning signs. The wire electrocutes you, causing severe burns, muscle damage, and heart problems.
Because the electrician isn’t an employee of your employer, this is a good example of third-party liability.
Some other examples of third-party liability are:
- Auto accidents occurring while you are in a company vehicle or while being paid to be on the road for work-related tasks. The liable third-party is the person who caused the accident.
- Suppose a particular tool or device you use at work is defective because of faulty manufacturing. In that case, the manufacturer is liable for the injuries.
- A delivery truck driver causes an accident while backing into the warehouse bay, resulting in injuries to warehouse workers. The liable third party is the delivery truck driver and their employer.
- A third-party company distributes a liquid that could be toxic but doesn’t contain the mandatory warnings. As such, workers suffer injuries or later develop occupational diseases.
- If a worker causes injuries deliberately or through gross negligence, they could be held liable for the damages they cause. A co-worker assault is a good example.
An employee can file a third-party liability lawsuit against a person or entity in many other scenarios. In these cases, you can file a workers’ comp claim and a personal injury lawsuit. A reputable Duluth workers’ compensation attorney will help you identify any parties that might have caused your injuries.
