Workplace accidents occur in various industries, ranging from construction and healthcare to retail and hospitality. While injured employees are typically entitled to workers' compensation benefits, there are situations where third parties (someone beside the victim’s employer or a co-worker) may share liability for what happened. Understanding third-party personal injury claims in workplace accidents is crucial for injured employees seeking full and fair compensation, including damages that are not available under workers’ comp.
In many workplace accidents, a third party, such as a subcontractor, equipment manufacturer, property owner or negligent driver, may be partially or wholly responsible for the incident. While workers' compensation benefits provide medical treatment and wage replacement regardless of fault, third-party claims allow injured employees to seek damages, such as payment for pain and suffering, lost earning capacity and future medical expenses. Examples of factors that might establish third-party liability for a job-related injury include the following:
- Defective products — If a worker is injured due to a defect in a tool, machine or piece of equipment, the manufacturer or distributor of the faulty product could be legally responsible for damages.
- Negligent contractors or subcontractors — In construction or renovation projects involving multiple contractors, negligence of a different contractor or subcontractor could give rise to a third-party claim.
- Unsafe premises — When a workplace accident occurs on another party's premises, such as a slip and fall that occurs at a client's office or while a driver is on the walkway of a home where they’re making a delivery, the property owner may be held liable for unsafe conditions.
- Motor vehicle accidents — Employees who are injured in accidents while driving for work-related purposes, such as deliveries or transportation, may pursue claims against negligent drivers or their insurers.
Along with the additional compensation, third-party claims can hold negligent parties accountable for their actions. Pursuing third-party personal injury claims in workplace accidents requires thorough investigation, evidence gathering, and legal expertise.
Our skilled attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh in Sarasota have a deep understanding of Florida's workers' compensation laws and personal injury statutes. We'll meticulously review the circumstances surrounding your accident, identify liable parties and craft a legal strategy aimed at maximizing your financial recovery. Please call 941-954-1234 or contact us online for a free consultation.