What If Someone Else Injures You At Work?
Brian O Sutter
Workers’ Compensation
When injuries happen on the job, that can sometimes mean that the particular duty you were performing, such as welding or cutting, led to some accident that caused the injury. In such cases, the injury was sustained as a direct result of work activity, and so a workplace injury case might be a possibility if you know that you were not at fault for the injury. In such cases, an occurred as a result of employer negligence, or some other factor that was beyond your control.But what happens if the injury you sustain is the result of someone else’s actions? What do you do if you receive an injury at work due to someone else’s carelessness, but it is not something or someone else from work that is at fault? What happens when an outsider is responsible?
Third Party Cases
When an injury occurs during work as result of an outside person, that is known as third party liability. And while this type of personal injury case can be successfully taken to court and won, it may not necessarily be quick or easy to do so. Establishing third party liability at work must have substantial proof in order to move forward.
For example, if your line of work involves driving, such as being a courier, or making other deliveries, and you get hit on the road by a drunk driver, this is a straightforward case. Once the police have taken a breathalyzer test and definitively confirmed the other driver was driving while under the influence, or DUI, the criminal charge alone already heavily puts the case in your favor in addition to whatever civil suit you want to bring.
Another example would be if you are doing onsite work in construction for another client, and you get into an accident due to poor equipment, or some other mishap. Falling off improperly constructed scaffolding, for example, where it was the clients onsite that constructed the scaffolding and it fell out from under you, or some other defect, would also be an example of a third party liability. Even working as a cleaner, and getting into an accident in someone’s home, such as receiving an electrical injury after plugging a cleaning appliance into a faulty outlet, would mean some other party is responsible.
Subrogation
In some cases, your employer may actually take part in your third party liability case in a limited way. If your employer fulfilled their basic responsibility, and immediately paid out workers comp for your injury, a legal action known as “subrogation” can “attach” an additional employer claim to your existing lawsuit. This means that should you win the case, your employer may be eligible to collect a certain amount of the settlement claim to offset the costs that they paid for your medical treatment due to workers comp.
An injury that is not your fault is never something that you should accept financial responsibility for. This is principle is even more important if it is an injury that occurs at work and may even impair your future ability to continue to work and have a steady income. If you sustain a workplace injury, especially if it is through a third party, get the advice of a workers comp lawyer and explain your case.
While it’s true that third party liability cases may sometimes be more difficult to resolve than a standard workplace injury case, that doesn’t mean they should be left unresolved. Stand up for your rights in this difficult situation and make sure you don’t go it alone. Get someone experienced in personal injury law to be your advisor and your advocate in ensuring a successful outcome.