Most work injuries are straightforward. They occur between you and your employer, with your employer’s workers’ compensation insurer handling the claim. You will not go to court.
The workers’ compensation system will handle the full case. However, there are some occasions where there is a third party who is liable for your injuries.
The basis of a third-party claim
A third party is someone other than your employer who may be responsible for your injuries due to negligence. That person or entity had a responsibility to you in some way. It might have been to provide you with a safe machine or to coexist on a roadway with you without incident.
A third party in a work incident might be a manufacturer or supplier. It could be another driver if your accident occurred on the road. To identify a third party who may be liable, you need to assess the situation. Did your injury result from a product defect or an accident caused by someone outside of your workplace? If so, there is likely someone outside of the workers’ compensation process who you could hold liable.
The third-party claim process
Since the third party in your situation does not fall under workers’ compensation, you would have to go to court with a lawsuit against that party. Your claim would be a personal injury case and require you to prove the negligence of the other party. Contact our firm to speak with someone about your situation and get a free no-obligation consultation. Call 610-892-9300 or reach us online.