In the United States, many businesses are required to provide workers’ compensation insurance for their employees. However, when injured on the job, employees covered by workers’ compensation normally cannot sue an employer for personal injury, with some exceptions. But for those who do sustain injuries at work, are there other people or entities that might share some of the responsibility? In this blog, we’re looking at some of the scenarios in which an employee might be able to make legal personal injury claims against a third party.
Just because an employee covered by workers’ compensation usually can’t file a personal injury lawsuit against their employer, doesn’t mean they can’t recover compensation for damages from another entity that is partly responsible. In fact, did you know that in Massachusetts, the state Department of Industrial Accidents reviews more than 1,200 petitions each year from employees or insurers who are seeking to hold a third party accountable in a workers’ compensation case?
For example, if a worker was using a defective product manufactured by a third party, and their use of the product led to their injury, they may have grounds to file a personal injury claim against that manufacturer. The same logic applies to employees driving on the clock who were injured by another motorist—the employee in this scenario could file personal injury claims against the driver and/or their company in addition to receiving workers’ compensation.
An employee may even be able to make a successful personal injury claim against a company that provided some faulty service to their workplace that led to their injury, such as a contracting company.
Do You Have a Case?
If you believe you have a valid legal personal injury claim against a third party, you can seek recovery of compensation for damages through a lawsuit or insurance action. Keep in mind that the burden is on you to prove that you suffered actual damages as the result of an injury and that the person or entity you’re making a claim against was negligent. That means that they breached a legal duty owed to you and that the breach led to the accident and your resulting injuries.
Successfully making such a claim would require evidence, such as incident reports, photographs, relevant income and medical documents and more. If your case ever makes it to court, you’ll have to convince a judge or jury that more likely than not, everything you allege is true.
You don’t have to embark on this legal journey alone. Reach out to us today and we will help you recover the compensation you deserve.