What Are Third Party Negligence Lawsuits?

A third party negligence or liability claim is a personal injury or wrongful death litigation that can result in monetary compensation in addition to workers’ compensation benefits. Additional compensation is available for pain and suffering, disfigurement, and lost wages. There are a number of people who are unwilling to file for work compensation in case of an injury because they believe it may negatively reflect on their work environment and especially on their relationship with their boss.

Hiring a worker comp lawyer usually clarifies what the best course of action is. In fact, The Law Offices of Thomas M. DeBenedetto offer a free consultation to determine if filing a claim is a good idea and if there is something else you can do about your situation.

Inclusion of a third party Negligence

If your injury occurs as a result of a third party’s involvement and actions, you have another way ahead of you. You can be given the minimal required compensation due from your employer or insurer, and you can file a separate lawsuit against the third party negligence.

What constitutes as a third party?

In most jurisdictions, a third party negligence is someone who is not associated with the company. This definition excludes coworkers and superiors of the injured person, even if they are responsible for the injury. A third party negligence is then defined as an entity separate from the employer.

Third-Party Negligence Examples

Here are a few examples to demonstrate third party negligence when the injured party may be entitled to compensation from both workers’ compensation and third-party claims.

• Architect and Engineers – may be required at some construction sites to visit the area, monitor the work in progress, and ensure that the building conforms to all applicable zoning and building rules. The contractual obligations of the engineers and architects on the scene must be ascertained by your attorney in order to ascertain whether they may be held accountable.
• Drivers – numerous construction workers toil next to or on the side of the road. If a careless driver results in a major or fatal collision, that driver, the owner of the vehicle, the employer of the driver (if they were employed at the time), and other parties may be held liable for damages.
• Construction site proprietor – As opposed to the actual job being done, workers in these situations frequently need to demonstrate that the owner of the construction site exerted extensive control over the premises.
• Subcontractor and General contractor – Both of these businesses have a responsibility, in accordance with OSHA regulations, to provide construction workers with a work environment that is sufficiently safe and to alert them to any potential dangers. They are also accountable for ensuring that the work is done in accordance with safety guidelines. They could be held accountable if they don’t do this.
• Computer Programmer – who spends a lot of time sitting down, is given a new chair. The chair leg breaks the following day, causing back and hip injuries to the programmer. In addition to receiving worker’s compensation, the chair manufacturer might also be held liable for the defective equipment.

When are you entitled to sue?

No matter how or where the accident happened, you must be able to prove that the third party caused the injury through negligence. In the chair scenario from above, it is important to be able to prove that the chair was faulty in order to have any chance of winning in court. In the case of traffic accidents, the case is a bit more straightforward, since the police will investigate the accident regardless of your lawsuit.

If you happen to win a third party negligence or liability suit, it can actually help reduce the amount of money taken from your employer by the insurance company, so even your boss should have no issue with you filing this separate claim for what you are due.

If you need to file a claim, you want a good worker comp lawyer. The Law Offices of Thomas M. DeBenedetto is a company that has helped countless people over 26 years, recovering hundreds of millions of dollars to people in need. Contact us for free initial consultation.