If you have been involved in a personal injury claim or lawsuit, you may have heard the term “third party.” This term is commonly used in cases involving workplace accidents, but it can also apply to other personal injury scenarios. Keep reading below to learn exactly what a third party is and how the term can affect your case and financial recovery.
Overview of Workplace Accident Claims
According to the Bureau of Labor Statistics, there were 2.6 million non-fatal workplace injuries and illnesses across the country in a recent year. Some types of work are much more prone to injuries than others. For instance, the construction industry sees a large number of accidents and injuries each year.
How Can I Receive Compensation After a Workplace Accident?
When you are hurt on the job, you have a few options for recovering compensation for your injuries.
Typically, your three options include:
- File a workers’ compensation claim against your employer
- File a third-party personal injury claim against the responsible party (this is someone other than your employer who is responsible for your injury
- File both a workers’ compensation claim against your employer and a regular personal injury claim against the third party who has liability for your injury
The options available to you will depend on the specific facts of your situation.
Workers’ Compensation Claims
Workers’ compensation was put in place to provide financial security to workers who are hurt on the job.
Benefits of Workers’ Compensation Claims
Workers’ compensation claims do have some benefits. First, workers’ compensation claims are meant to help prevent workplace accident lawsuits. This keeps these claims from filling up the civil court system.
Additionally, workers can use these claims to obtain financial compensation much faster. Since there is no need to prove fault in a workers’ compensation claim, these claims can be processed and paid much more quickly.
Disadvantages of Workers’ Compensation Claims
However, the drawbacks and disadvantages of workers’ compensation claims often overshadow their benefits. The main drawback of these claims is that your compensation will be very limited.
Compensation in these claims is generally limited to necessary medical expenses and two-thirds of your lost wages, up to a maximum amount. Injured workers often experience substantially more losses than workers’ compensation will pay for.
Non-Economic Damages in Workers’ Compensation Claims
Workers’ compensation does not allow for the recovery of non-economic damages, which are intangible losses after an accident.
This means that injured workers cannot recover compensation for any of the following:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Depression
- Anxiety
- PTSD
- Diminished quality of life
Non-economic damages related to workplace injuries are often worth 2 to 3 times as much as the financial losses in the case. This is why a workers’ compensation claim is usually only worth half the value of a typical personal injury claim or less.
Third-Party Claims in Workplace Accidents
If a third party (someone other than your employer) was responsible for your on-the-job injuries, you can bring a third-party personal injury claim against them. This requires identifying the party who caused your accident.
What Third Parties Can I Sue After a Workplace Accident?
Some common third parties you may be able to sue include:
- A third-party motorist who caused a car accident while you were driving a company vehicle as part of your job
- A maintenance provider who failed to properly service equipment in your workplace that malfunctioned as a result
- An equipment manufacturer, when you were injured as a result of a defective product
- A property owner (other than your employer) who failed to maintain the premises in a reasonably safe condition
Third-party claims do present an additional hurdle that must be overcome. To win a third-party claim, you will need to prove that the third party was at fault. This usually requires proving that their negligence caused your injuries.
Other Examples of Third-Party Claims
Workplace accidents are not the only area of the law where you may encounter the term “third party.”
Some other examples of third-party claims include:
- Third-party insurance claims: When you file a claim with your own insurance, that is known as a first-party claim. However, if someone else causes your injury, you can file a third-party claim with their liability insurance coverage.
- Vicarious liability: In some situations, you may be able to hold a third party responsible for your injuries through vicarious liability. For instance, imagine you are injured in a car accident by a commercial delivery truck driver. You may be able to hold their employer liable for your injuries.
- Third-party defense claims: Imagine that someone sues you for their injuries. If a third-party actually caused their injuries, you can file a third-party claim to bring them into the lawsuit. This can help shift the liability from you to the actual responsible party.
While these are common types of third-party claims, there are also others that may be available. An experienced lawyer can help you understand all your legal options in your situation.
Contact the Huntsville Personal Injury Lawyers at Belt, Bruner & Barnett Personal Injury Lawyers for Help Today
If you have been hurt in an accident, contact the experienced team at Bruner & Barnett Personal Injury Lawyers today. We have 93 years of combined experience helping injury victims, and we can help identify all the legal options available in your situation. Contact us today at (256) 781-9242 to schedule a free consultation with a Huntsville personal injury attorney.