Compensation for Third-Party NegligenceÂ
Typically, when someone is injured at work or becomes ill because of conditions at work, even if it is because of a third-party’s negligence, they may be able to seek compensation with the help of workers compensation lawyers Tysons, VA injured workers and their families recommend.
However, in some cases, the injury may have been caused not by the employer or the work environment directly, but by a third party’s negligence. In such situations, an injured worker may have the right to seek additional compensation through a third-party claim. Understanding this legal avenue can help injured workers receive the full compensation they deserve.
What is Third-Party Negligence?
Third-party negligence occurs when someone other than the employer or a co-worker is responsible for causing a workplace injury. Examples of third parties can include manufacturers of defective equipment, contractors, subcontractors, drivers in work-related vehicle accidents, or property owners. For instance, if a construction worker is injured because of faulty machinery, the manufacturer of that machinery could be held liable for the injury.
Workers’ Compensation vs. Third-Party Claims
Workers’ compensation is a no-fault system, meaning that employees can receive benefits regardless of who was at fault for the injury. However, workers’ compensation benefits are often limited. They typically cover medical expenses and a portion of lost wages but do not compensate for pain and suffering or provide full wage replacement. This is where third-party claims come into play.
A third-party claim allows an injured worker to pursue additional compensation beyond what workers’ compensation provides. Unlike workers’ compensation, third-party claims are fault-based, meaning the injured worker must prove that the third party was negligent and that this negligence directly caused the injury. Successful third-party claims can result in compensation for damages such as full lost wages, pain and suffering, and even punitive damages in cases of gross negligence.
Filing a Third-Party Claim
Pursuing a third-party claim involves several steps. First, the injured worker must establish that the third party owed a duty of care and breached that duty through negligent actions. Additionally, the worker must show that this breach directly resulted in the injury and caused measurable damages. Given the complexity of these cases, it is advisable for injured workers to seek the assistance of a personal injury attorney who specializes in third-party negligence claims.
Benefits of Third-Party Claims
Filing a third-party claim can provide injured workers with more comprehensive compensation. Unlike workers’ compensation, which has limitations, a successful third-party claim can include:
- Full Lost Wages: Compensation for the total amount of income lost due to the injury, not just a portion.
- Pain and Suffering: Damages for physical pain, emotional distress, and reduced quality of life resulting from the injury.
- Punitive Damages: In cases of gross negligence or willful misconduct by the third party, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.
Third-Party Negligence and Workplace Accidents
Injury accidents occur in the workplace every day in the United States. When the injuries are serious and require medical attention, workers can often file a workers compensation claim and receive benefits as a result. Those benefits can cover a portion of their lost wages in addition to medical care. However, what happens when a third party causes an accident that results in a worker getting injured?
As our workers compensation lawyer at Cohen & Cohen knows all too well, the injured worker’s claim is at high risk for getting denied. This is because workers compensation benefits often do not cover a worker’s injury if the accident was caused by a third party. Workers compensation is an insurance program paid for by the employer, so if the worker is injured by someone who is not a coworker or directly employed by the company, they are not usually covered by workers compensation. The good news is that if a third party was responsible for your injury, workers compensation lawyers who are licensed to practice in Tysons and throughout VA may be able to help you file a personal injury claim against that individual or their company.
Common Third-Party Workplace Accidents
Depending on the nature of your job, you may come in contact with many individuals who are not your coworkers. As a result of that contact, an accident may occur that leaves you with a serious injury. Regardless of how your accident occurred, if a third party caused it and your injury is serious, contact the highly rated Tysons, VA workers compensation lawyers at Cohen & Cohenwithout delay. Here are some examples of how a third party workplace accident may occur:
Car Accident While Driving If you are running company errands, or are a delivery driver, another individual may have caused the collision. In this instance, our workers compensation lawyer can determine if you still qualify for benefits.
Contractor Negligence On a Construction Site A contracted crane operator or other heavy machinery operator could cause a workplace accident that results in serious or fatal injuries to other workers.
Defective Parts Hazardous conditions could develop if a product manufacturer provides defective parts. For instance, if an air filter is defective in some way, it could result in workers sustaining serious or fatal medical conditions resulting from exposure to toxic substances. A common example is when a worker is exposed to asbestos and as a result contracts a form of lung cancer known as mesothelioma.
A delivery person causes an accident They might run over or hit an employee, knock an employee to the building’s floor because they did not see them, or they created an unsafe condition such as a slippery floor which led to a slip and fall accident.
If you or someone you love has been injured at work, or in the horrific event a family member has died because of a work related incident, it may be in your best interest to discuss your rights with reputable Tysons, VA workers compensation lawyers.
Personal Injury Claims
At Cohen & Cohen, we protect the rights of injured workers regardless of how their accident occurred. If you were hurt as a result of a third party’s negligence or carelessness, contact us. Even if you qualify for workers compensation, contact us as we may be able to secure you more benefits than they offered you. Request a free consultation with our workers compensation lawyer at Cohen & Cohen
For highly rated workers compensation lawyers Tysons, VA workers compensation victims recommend, contact Cohen & Cohen, today.
