When an employee is injured while on the sub, he or she may not be able to file suit against their place of work because they are covered under the company’s workers’ compensation insurance policy, but the employee may be able to hold an outside, third-party entity liable for causing him or her harm while at the workplace.
If someone outside of your parent company was responsible for the on the job injury or condition, you may be able to file a claim against a third-party in order to regain lost for damages that are not available through workers’ compensation. This can potentially give you access to the full amount of compensation that you deserve after being harmed in a workplace accident.
The experienced Salt Lake City workers’ compensation lawyers at Siegfried & Jensen believe everyone should be informed of their legal rights after an on-the-job accident. You need to protect your legal rights following an accident on the job, and sometimes workers’ compensation benefits are not enough to cover the full extent of your medical bills and other related damages resulting from the accident. We are going to share some information about filing suit against a third-party in order to regain lost damages after a workplace incident.
On the Job Injury Claims Involving Third Parties
There are a few scenarios that would allow you to sue for compensation resulting from a third-party. These situations could include:
- A defective product resulted in you sustaining injuries. This allows you to file an injury claim levied against the manufacturer of the product. Product malfunction could include faulty tools and other equipment, along with unsecured items and merchandise.
- A toxic substance resulted in you sustaining injuries. This allows you to file an injury claim against the manufacturer of the substance.
- A vehicle collision resulted in your on-the-job injury. This allows you to file an injury claim levied against the at-fault motorist as well as their insurance policy provider.
- A slip and fall accident resulted in your injuries. You may be eligible to file an injury claim against the owner of the property of the facility manager.
- In accidents taking place on construction sites, it is possible that another company at the worksite could be held legally responsible depending on the circumstances of the accident.
Determining Liability in a Third-Party Claim
Workers’ compensation claims do not rely on establishing negligence. However, when filing a claim against a third-party, negligence can be a relevant factor. You are required to provide evidence that the third party contributed to your injury in some way, such as failing to act in a reasonable manner, in order for your claim to be successful.
Your case has to provide evidence that:
- There was a duty of care owed by the third party. This can often be implied, such as a property owner letting you onto his or her property, a motorist on the roadway, or a manufacturer providing a product.
- There was a breach of the duty of care owed by the third party, such as keeping a property safe for visitors, disobeying posted traffic signs on the road, or manufacturing products that are unsafe for use. All of these examples can provide proof that duty of care was breached.
- The injury was directly caused by the third party’s breach of duty of care. If not for the actions of the defendant’s actions, you would not have sustained injuries.
- The injury resulted in you suffering financial and emotional damages. These could include lost income, medical costs, pain and suffering, or permanent disability.
Filing a Claim against a Third-Party for a Workplace Injury
When filing a third-party injury claim, you are required to notify your employer’s workers’ compensation insurance policy provider that you are planning to do so. You also must keep the insurance provider informed of the developments of the case involving the third-party claim. This is because the insurance provider is a party of interest in your case, meaning that failure to give notice of the case’s rulings could affect the outcome of the case altogether.
At the point you reach a settlement with the third-party, the insurance provider is required to give written consent. In the event this is not completed, you could potentially lose benefits given under your workers’ compensation claim. The insurance provider has a right of lien involving specific elements of the settlement recovered from the third-party.
The worker’s compensation insurance provider may issue a lien over benefits involving:
However, the insurance provider is not allowed to place a lien on funds regarding independent medical examinations or administrative costs. To find out more about filing a claim against a third-party in the event of an on-the-job injury, contact an experienced Utah workers’ compensation lawyer today to protect your rights after an accident.
On-the-Job Accidents in Utah
A worker is injured on the job every 7 seconds in the United States. That means 510 employees are involved in an accident every hour. Sadly, when a worker is injured on the job, they may be unable to support their families or earn income as they once could. This is a frightening time for anyone, and it is made even more unbearable when their injury is the result of another party’s negligent actions. In some cases, you can discuss your claim with a qualified Utah personal injury lawyer to discuss your options after a workplace accident.
For three decades, the Salt Lake City workers’ compensation lawyers at Siegfried & Jensen have been helping workers get back on the path toward recovery after being terribly injured in an accident on the job. Sometimes workers’ compensation isn’t enough, and employees have to take up a claim against a third-party in order to get the full settlement they deserve. If you or a loved one has been harmed performing work duties, do not hesitate to contact our laws offices at (801) 845-9000 to see how we can help you get back to living your life after an injury.
Content checked by personal injury attorney Todd Bradford. I worked for a small law firm in Utah County, where I handled various types of cases. My main focus was personal injury and I decided that is what I enjoyed doing the most. I rejoined Siegfried and Jensen in 2012 where my focus is solely on helping personal injury clients. I take pride in helping personal injury clients and enjoy serving them. If you need an attorney for auto accidents or injuries of any kind in Salt Lake City, UT, Ogden, UT, Spokane, WA, or Boise, ID, contact us.