Most people are familiar with how workers’ compensation benefits cover costs related to injuries that occur in the workplace. Yet, in some instances, another party besides your employer may be responsible for your accident. If you or a loved one has been injured or killed at work due to a negligent act or defect of a person or object not employed or manufactured by your employer, you may be able to file a third-party liability claim. However, you will need an experienced lawyer to help. Our Albuquerque workers’ compensation attorney explains.
When Can I File a Third-Party Liability Claim?
Third-party liability claims are those that are filed against a party other than your employer for bodily injury. Such claims are often associated with jobs like construction or oilfield work. This is because such job sites often involve many individuals who work for many different employers using heavy machinery and tools manufactured by many different companies—all in one place.
For example, let’s say you are a construction worker who is injured by defective heavy machinery. You can file for workers’ compensation against your employer, as usual, as well as file a third-party liability claim against the manufacturer of the machinery for selling something with such a dangerous defect.
How Can I Prove Third-Party Liability?
Proving third party liability works the same as proving a workers’ compensation claim against your employer.
In short, you must show that the following occurred:
- The third party, or defendant, had a duty to provide a safe product or environment
- The defendant breached that duty
- That the breach caused injuries to you, the plaintiff
This usually works by notifying your employer of the accident in writing, visiting a doctor to receive medical treatment, and hiring a lawyer to help you investigate the accident scene.
Why Should I Hire a Lawyer?
There are many reasons to have a lawyer by your side while working on a third-party liability claim. Workers’ compensation claims are complicated procedures that involve a particular timeframe, steps, and legalese—a lawyer can advise you throughout. An attorney can negotiate with insurance companies on your behalf so you get the best offer. They can also represent you in trial, should the third-party prove especially resistant. Hiring a lawyer also takes away the burden of filing a claim while trying to recover from your injuries at the same time. All in all, working with a lawyer allows you to complete the third-party liability process as efficiently and effectively as possible.
Injured at work? Our Albuquerque workers’ compensation attorney can help you prove liability and walk you through the claims process. Contact us now to learn more.