Have you been involved in a workplace accident in Miami? Are you recognized by law as an employee in your workplace? Then you can get compensation for your injuries under Florida’s worker’s compensation laws. You just have to promptly report and file your workplace accident claims and follow your work comp attorneys’ advice.
You also have to verify that your employer has the requisite insurance to cover your workplace accident. When your employers have workers comp insurance, it prevents you from filing a personal injury lawsuit against them. It may also prevent you from receiving damages for pain and suffering.
Sometimes, however, your workplace accident injuries can be due to a third party’s negligence. Will your work comp insurance prevent you from filing a personal injury claim against the at-fault parties? Will your employer’s insurance cover your work-related injuries that were caused by a third party? This article discusses all that and some more.
What Is a Third-Party Workplace Lawsuit?
Your workplace accident injury isn’t always your employer’s fault. Sometimes, it’s due to the negligence of a third party. A third party in a work environment is someone that is neither your employer, supervisor, or co-worker. Claims or lawsuits against such negligent parties are called third-party claims or lawsuits.
In essence, a third-party workplace lawsuit arises when someone apart from an employer causes your injuries in your work premises. Generally, it doesn’t matter who caused your workplace injuries, as your employer’s liability doesn’t depend on who’s at fault. However, third-party liability often becomes necessary if your employer’s insurance isn’t enough to cover your injuries. Also, you can file a third-party workplace lawsuit if you’d like to receive compensation for pain and suffering.
To succeed in a third-party lawsuit, like in all personal injury cases, you must prove negligence on the defendant’s part. That is, you must show that the defendant owes you a duty of care and breached that duty. You must also prove that your injuries arose from the at-fault party’s negligence.
Common Examples of Third-Party Workplace Claims
Third-party liability can arise in several situations. However, these are the most common examples:
Where Your Injuries Were Caused By a Defective Product or a Toxic Substance
Many jobs require the use of numerous tools and equipment to aid efficiency. Manufacturers of such tools and equipment have the responsibility of ensuring that their products are safe for use. If a defect in such products causes your workplace injuries, you can sue the manufacturers for their negligence.
A product can be defective for many reasons. It could be that the product failed to work or was inherently dangerous in some way. You can also say that a product is defective when the manufacturers failed to issue warnings about the inherent dangers. The same goes for equipment that fails to handle toxic substances effectively.
A Third-Party Crashed Into You While Driving in a Work Vehicle
There are many instances where you may need to take an official trip in your company’s vehicle. On such occasions, you’re deemed to still be at work and under the control of your employer. Therefore, any injuries you sustain on such trips is deemed to be a work-related injury.
Third-party liability could arise from the trip if your injuries were caused by someone else’s negligence. For example, if you were hit by a drunk driver, you can hold them liable for your injuries. If you file a third-party lawsuit, such a driver will be responsible for your medical bills, pain, suffering, etc.
Premises Liability When Performing Official Duties Outside of Your Workplace
You can sue a building owner for an injury you sustained while carrying out your legal duties on their premises. You just need to prove that it was their negligence that caused the accident. If your lawsuit is successful, they will become responsible for your compensation.
Talk to a Miami Workers’ Comp Attorney Immediately!
No one likes to sustain injuries while trying to earn a living. But, unfortunately, accidents happen, and you may need to file a work comp claim against your employers. Other times, depending on the circumstances behind your injury, you can file a third-party lawsuit. Our Miami workers’ comp attorneys can assess your case to find out what method works best for you.
At Miami Lawyers 360, we are happy to schedule a consultation with you to explore your options. We are the absolute best at delivering top-notch legal services for all our clients. We guarantee that we are with you from the beginning to the end of your compensation journey. So give us a call right away.