Third-party Claims in Worker Injury CasesTrusted Content
Legally reviewed by:Erik Abrahamson, J.D. November 02, 2018
In Florida, if you’ve been injured on the job, you may be able to file a third-party claim against someone who is not your employer. This is in addition to any workers’ compensation claim. Third party claims are important because workers’ compensation claims do not typically provide for all the damages to which you are entitled. For instance, pain and suffering and other incidental expenses are not generally awarded in a workers’ compensation case.
Common situations where third-party claims arise include:
One of the most common categories of third-party claim in a workers’ compensation case involves auto accidents. If an employee is injured due to the negligence of another driver while traveling for the employee’s job, that worker can file a workers’ compensation claim. If the employee is seriously injured, they can also seek compensation from the at-fault driver. In some auto accident cases, the third-party may even be a co-worker if the employee was an injured passenger and the co-worker was the at-fault driver.
In Florida, a business owner or property owner must keep their premises reasonably safe for people who enter the property. These owners must take reasonable steps to make sure people are safe and to warn others of potential hazards. If an employee is injured on somebody else’s premises while on the property for a work-related reason, the employee may be able to file a workers’ compensation claim and a claim against the business or property owner for premises liability.
If an employee is injured while on the job due to a defective or dangerous product, the employee may be able to file a third-party product liability claim against the manufacturer of the defective product. These products could include equipment or tools used by the employee during the course of employment. Defective products may include those that are defectively manufactured, defectively designed, or fail to contain adequate warnings of the dangers of using the product.
Cases involving workers’ compensation and third-party claims may involve some legal complications, so it is important to consult with an attorney as soon as possible after your injury.
If you’ve been injured at work by the actions of a third party, you should have an attorney evaluate your case. Contact the trusted lawyers at Abrahamson & Uiterwyk onlineor call us at 1-800-538-4878 to schedule your free consultation.