The National Safety Council reported that 152,581 workers suffered work accidents that led to death or injury in 2021. Some of these instances may have involved third-party responsibility.
A third-party work injury claim falls outside workers’ compensation. Understanding the elements of such a claim is important for all parties.
Third-party claim definition
A third-party work injury claim typically arises when an employee suffers an injury at work due to the negligence of a party other than their employer. This third party can be a manufacturer of defective equipment, a property owner responsible for maintaining a safe environment or even another company working at the same job site. The injured employee may have a claim against this third party to seek compensation for their injuries.
Establishing liability
One of the central elements of a third-party work injury claim is establishing liability. This means showing that the third party was negligent and that their negligence was a direct cause of the employee’s injury. For example, if an employee suffers an injury while using a defective piece of machinery, he or she must demonstrate that the manufacturer of the machinery failed to meet safety standards or adequately warn about potential risks.
Providing damages
Another important aspect is proving the extent of the damages the injured employee suffered. This includes medical expenses, lost wages and pain and suffering. It is essential to gather and present evidence that shows how the injury impacted the employee’s life and livelihood.
Meeting deadlines
It is worth noting that time plays a significant role in these claims. There are deadlines for filing a third-party work injury claim, and failing to meet these deadlines can result in the forfeiture of the right to seek compensation. Therefore, it is essential to act promptly when pursuing such a claim.
Building a strong third-party injury claim requires documentation of the incident, medical records, witness statements and any other evidence related to the injury. This type of claim ensures that injured employees have the opportunity to seek fair compensation and hold all responsible parties accountable for their negligence.