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Is a third-party liable for your work-related injuries?

On Behalf of | Jul 16, 2020 | Uncategorized

Suffering an injury while at work can be a major setback for any Louisiana resident. You certainly never wanted to end up going to the hospital due to a work-related accident, but you knew that the risk existed because anyone could get hurt on the job. Unfortunately, you recently suffered harm, and now you wonder how you will get on financially.

Hopefully, your employer had the necessary workers’ compensation insurance to provide you with needed benefits. However, you may believe that another person or entity may hold liability for the injuries that you suffered and the accident that caused you harm

Suing after a work-related accident

In some cases, workers may have grounds to file a lawsuit after a workplace accident that left them suffering serious injuries. After your accident, you may have considered filing a claim against your employer. While this can be a viable option in some cases, it is not always an available route to follow. In most instances, workers’ compensation insurance protects employers from lawsuits stemming from on-the-job accidents unless extenuating circumstances exist that show your employer intentionally caused you harm.

That does not mean that you do not have other legal options. For example, if you suffered injuries because the equipment you used on the job malfunctioned or because a safety device failed, you may have reason to file a third-party claim against the manufacturer of the equipment or device. Companies can face liability for product defects that lead to harm.

Is a third-party claim worth the effort?

In some cases, filing a third-party claim could allow injured workers to obtain compensation for their injuries. It is important to note that it could affect the amount of workers’ compensation you receive or could result in your having to repay a portion of already-received compensation. It is also possible for your employer and your employer’s insurer to attach themselves to your case in efforts to recover workers’ comp payments already made to you.

As you can see, filing a third-party workers’ comp claim has its pros and cons to consider. As a result, you would be wise to discuss the possibility of filing such a claim with an experienced workers’ compensation attorney. This legal professional can assess your case to determine whether you have grounds for a third-party claim and further examine all avenues of seeking compensation available to you.