A third party liability claim can be filed in addition to workers' compensation, when a work accident has left an employee severely injured. Third party liability is something that should be explored as monies may be granted for pain and suffering, which are damages not covered under workers' comp.
Third Parties that can be Held Accountable for Pain and Suffering
While workers' comp is the exclusive remedy against an employer for on-the-job injuries, workers may consider whether others may be liable for their injuries and damages. When determining who may be held accountable for an injured worker’s pain and suffering, consider a few of these questions. If the answer is no, the party may be responsible for the victim’s injury.
- Manufacturer: Did the manufacturer provide instructions of use? Did they provide warnings? Was the product tested? Was the product approved by a government department?
- Distributor: Did the distributor negligently provide service for the product, such as installation? Did he/she explain how to use product? Did the distributor perform any repairs that were requested?
- Suppliers: Did a store/company sell the faulty or defective equipment for the workplace? Was the product shipped correctly? Was the product packaged correctly?
- Subcontractors: Did subcontractors working in the workplace fail to use safety precautions? Did they fail to warn of chemical or gas leaks? Did another subcontractor use equipment incorrectly, resulting in injury?
- Rental companies: Did the rental company check the mechanics of the vehicle or equipment that was rented? Did it warn the employer/employees of any hazards? Did the rental company provide instructions for use?
- Maintenance companies: Did the maintenance company properly fix the problem? Did the company use faulty parts to fix a problem? Did the maintenance company find any new problems, of which they neglected to make the employees aware?
According to Workers’ Comp News, every day in the U.S. about 165 individuals die as a result of an occupational disease and about 18 die from a work-related injury. What’s more, about 95 percent of work injuries and fatalities are preventable.
Know Your Rights: Seek Justice with an Atlanta Personal Injury Attorney
If you answered no to any of the questions above or believe that a third party was involved with the cause of a work accident injury, you may be able to file a personal injury claim. When you’re ready to seek justice and compensation, an Atlanta personal injury attorney at the Law Office of Jason R. Schultz is available for a FREE consultation. Call 404-474-0804 to see if you have a third party liability claim.