The term “third party” can be used to mean a few different things when it comes to personal injury law. One of the most common areas where you will hear this term is in workplace accidents. A third-party claim can allow you to recover damages from someone other than your employer after you are hurt at work.
A third party is someone other than the two primary parties to the dispute. Typically, the two main parties are the plaintiff (the injury victim) and the defendant. Keep reading below to learn more about third parties in personal injury claims.
Overview of Workplace Accident Claims
Some work environments are very dangerous, and workers in those environments often suffer on-the-job injuries. For instance, construction accidents injure thousands of workers each year. Handling a claim after a work-related accident can be complex, and the process usually depends on who was ultimately at fault for your accident.
You may:
- File a workers’ compensation claim against your employer
- File a third-party personal injury claim against someone other than your employer (in this situation, you would be the first party, your employer would be the second party, and the party responsible for your injury would be the third party)
- File two claims – a workers’ compensation claim against your employer and a regular personal injury claim against a third party
Workers’ compensation claims have very strict rules, and those rules often supersede some of your other options. This is why you should always get help from an experienced workers’ compensation lawyer to help you with your options.
Disadvantages of Workers’ Compensation Claims
Workers’ compensation has many great benefits. It provides a way for injured workers to receive compensation for their injuries, and it also protects employers against adverse financial consequences. However, there are some drawbacks to pursuing compensation under the workers’ compensation rules.
The biggest disadvantage of workers’ compensation is the fact that your compensation will be limited. Workers’ compensation only provides benefits for your medical expenses and lost wages.
This means that you cannot get compensation for your non-economic damages, such as:
- Pain and suffering
- Emotional distress
- Loss of consortium
- PTSD
- Diminished quality of life
- Depression
- Anxiety
- Loss of enjoyment of life
A traditional personal injury claim allows for the recovery of these types of non-economic damages. This can greatly increase the potential value of your claim.
Third-Party Claims After a Workplace Accident
A third-party claim arising from a workplace accident can open the door to the recovery of non-economic damages. In some cases, this can more than double the value of your case.
Who Can Be Held Liable for My Workplace Accident?
Some common third parties who may have liability for your accident include:
- Contractors or subcontractors
- Service or maintenance providers
- Third-party drivers
- Property owners
- Equipment manufacturers
For instance, imagine that you suffer a serious injury at work while you are operating a piece of machinery. It is discovered that the machine had a design defect that caused the accident and led to your injury. You can file a third-party personal injury claim against the equipment manufacturer.
What Do I Need to Prove in a Third-Party Lawsuit?
It is important to understand that you must have enough evidence to prove your third-party claim. When you file a workers’ compensation claim, you are not required to prove that your employer was at fault.
However, third-party claims require proving that the third party was at fault by showing:
- They owed you a duty of care
- They breached their duty
- Their conduct caused your injuries
- You suffered some actual damages
To win a third-party claim, you need stronger evidence than for a typical workers’ compensation claim. You must clearly show that the third party’s carelessness caused your injury and the resulting losses.
What Kinds of Damages Are Available to Workplace Accident Victims from Third Parties?
If you can successfully prove liability, then you can recover both economic and non-economic damages from the third party. However, you cannot recover compensation from a third party and your employer for the same injury. Your employer may have a right to receive compensation from the third party to reimburse them for any workers’ compensation benefits they have already paid you.
Other Types of Third-Party Claims
Third-party claims also exist in other areas of personal injury law besides workplace accidents.
Some common examples are:
Third-Party Insurance Claims
When another driver causes an accident, they can be held responsible for your injuries. You can file a third-party claim with their liability insurance carrier to get compensation for your injuries.
Third-Party Lawsuit
Suppose someone sues you, claiming that you were responsible for their injuries. However, it was actually someone else whose conduct caused their injuries. You can file a third-party lawsuit against the true at-fault party to hold them responsible for any claim the original plaintiff wins against you.
Vicarious Liability
In some situations, a third party may be automatically responsible for someone else’s conduct. This is common in employee / employer relationships where the employer can be held responsible for any damages caused by their employee.
While these are some common situations involving third parties, there are also other areas where you may hear the term “third party.”
Contact the Waldorf Personal Injury Lawyers at Alpert Schreyer Personal Injury Lawyers for Help Today
If you have been hurt in an accident, it is important to identify all potential defendants and sources of compensation. The team at Alpert Schreyer Personal Injury Lawyers can help you identify any potential third-party claims so that you can maximize your financial recovery. Contact us today at (301) 932-9997 to schedule a free consultation with a Waldorf personal injury attorney who is ready to help.