The workers’ compensation insurance system is designed to ensure that employees can recover their medical damages and lost wages (including loss of the ability to continue equivalent employment) following a work-related injury. In return for requiring employers to maintain insurance covering these damages, the law restricts employees’ rights to sue their employers in civil court. Workers usually cannot sue their employer for injuries they sustain in a work-related accident.
However, there are situations where an injured worker may be entitled to personal injury compensation as well as workers’ compensation benefits. One way is to investigate whether a third party may be partially responsible for a worker’s injuries. This potential liability can arise in many situations. For example:
- A construction worker who sustains severe injuries because of a machine or equipment failure may be able to file a product liability lawsuit against the manufacturer or supplier of the equipment.
- A worker injured in an on-the-job motor vehicle or truck accident may sue the manufacturer of the vehicle or a vehicle component (for example, if faulty brakes caused an accident).
- A worker exposed to a hazardous product in the workplace who develops an asbestos-related disease may be able to sue the manufacturer of that product.
Even in personal injury claims arising from motor vehicle accidents, slip-and-fall incidents, and other occurrences, a third party may be at least partially responsible for manufacturing a defective or improperly designed product or failing to prevent a dangerous condition that contributed to the harm.
The third party litigation team at Hall & Copetas has extensive experience investigating workplace accidents and other personal injury claims and identifying all potential avenues of liability. Talk to one of our experienced lawyers about your injury. We can help you understand your rights and explore all possible sources of compensation.