What is a third-party personal injury claim?

16527060_sWhen workers are injured in Nevada due to the negligence of another person, they can file two separate claims. The first is to receive workers’ compensation benefits from their employer and the second is a personal injury claim against the person or entity at fault, typically referred to as the third party. To file a third-party lawsuit, the additional responsible party cannot be the worker’s employer or a co-worker. Third party claims allow injured workers to receive additional compensation that goes beyond the standard workers’ compensation benefits they receive from their employer.

Filing a claim 

Two Minnesota Department of Transportation employees were injured while they were setting out cones on a freeway. According to CBS Minnesota, their injuries were caused after a vehicle swerved into the area where they were working and hit their truck. Although it is not known why the driver swerved into the work zone where the employees were present, the two injured workers could file a third party lawsuit against the driver for compensation and file a claim against their employer for putting them in harm’s way. 

Examples of third-party lawsuits 

Depending on the circumstance of the accident, there are multiple third parties who may be held liable for a work injury. Some examples of potentially liable third parties include the following:

  • Project managers or non-employee supervisors- For example, on a construction site, there may be multiple engineers, architects or contractors overseeing the project who are not direct employees of the construction company. If one of these employees is careless and causes a worker to suffer from injuries, they can be considered at-fault for the accident.
  • Defective equipment manufacturers-Many jobs, particularly in industrial settings, require employees to operate dangerous equipment. If the equipment malfunctions and causes the employee harm, the manufacturer of the equipment may be considered liable.
  • Other drivers-When employees are driving a vehicle to drop off supplies, pick up a client or involved in any other work-related situation that requires them to drive, they can sue another person who crashes into them while they are driving.
  • Public utility providers-Electricity, gas lines and other city or state utilities can cause problems for employees in areas where work is being done. If an accident occurs due to the negligence of a public utility provider, they can be sued for negligence. 

Employees who incurred a brain injury, broken leg or any other type of injury while on the job may face long-term consequences caused by the accident. Those who want to hold a third-party responsible for their negligence may benefit from working with an attorney who can provide legal guidance at this time.