Can a Worker Sue a Third Party for the Work Related Injury?

By James M. Hoffmann  May. 5, 2014 4:05p

Workers compensation covers injuries that occur in the course and scope of employment. Under workers compensation, any person who gets injured at the workplace is entitled to medical benefits and in case of severe injuries, disability benefits. As soon as a worker reports an injury to their employer, it becomes the duty of the employer to get him the medical treatment. In return for these benefits, the worker loses the right to sue the employer even of the accident was caused by the negligence of the employer.

However, under certain circumstances it is possible for the injured person to file a lawsuit if the injury was caused by the negligence of a third party. A third party can be anyone other than your employer who is responsible for causing an injury. The third parties that can be sued for a work related injury may include manufacturers of defective products or owners of the property where the injury occurred.

St. Louis workers compensation attorneys believe that negligent businesses or individuals can and should be held accountable for injuries that resulted from negligence. Such claims are referred to as third party negligence claims. Some examples of work related accidents that can result in a third party negligence claim are as follows:

Slip and fall accidents or other injuries occurring on another person's property

Slips, falls, or other injuries that occur while working on another person's property can qualify for a third party claim. Examples include falls on broken stairways, slips or falls in icy walkways, and trips over dangerously kept items or uneven flooring.

Work related vehicle accidents

When a worker gets injured in an on-the-job vehicle accident such as the one that occurs while the worker was driving for work, he can sue the driver at fault.

Dangerous or defective products

An injured worker can file a product liability lawsuit against the manufacturer of a defective product, such as a dangerous conveyor belt, defective hydraulic equipment, faulty power tools or faulty fall prevention equipment.

Medical mistake

If a doctor or another health care provider mistreats an injured employee, he can be held responsible, and sued for negligence.

Construction site accidents

Construction site accidents caused by defective equipment or hazardous conditions can, under some circumstances, qualify for third party claims.

These are just some examples of cases that may qualify for a third party claim. Because every case is unique, there may be many other scenarios that qualify for a third party claim. Most cases involving third party claims are quite complex, because of the way the law treats such claims. This happens because what an employer does often overlaps with what third parties do, and when a work related accident occurs, liability and fault are often disputed. Thus, it is in the best interest of the injured employee to consult with an experienced workers compensation attorney.

At the Law Office of James M. Hoffmann we have over 20 years of experience and can help you get the full amount of compensation you derserve from all responsible parties. Call us today at (314) 361-4300 to schedule a free and private consultation.