Understanding third-party work comp liability claims

November 29, 2021
In This Article

Dealing with an injury at work can feel overwhelming and complicated. In addition to needing time to heal and recover, you also need to file your workers’ compensation claim.

In some cases, your employer is not the only one liable for your injuries. When another party was part of the accident, you may need to pursue a third-party liability claim.

Here’s what you should know about third-party liability claims and when third-party liability applies.

An accident with more than one cause

When there is only one cause for a work-related injury, the workers’ compensation claim is relatively simple. On the other hand, it can get more complex when another company or another individual adds another element to the accident that caused the injury.

For example, suppose you are working in a store and are injured when you slip on a wet floor because the company that cleans the floors failed to mark the slippery area. In that case, there could be two parties liable for your injuries.

Where the liability lies

The store you work for is responsible for ensuring your workplace is safe and free from hazards. Since you fell while performing your job duties, the store carries some liability for your injuries.

In this example, there is another party who contributed to the unsafe workplace. The company that comes in to clean the floor is responsible for marking damp areas to prevent injuries. Since an additional party was responsible for both the circumstances and the resulting injury, you could also have a claim with the other party.

These claims tend to be complex, so working with an experienced professional who understands your claims is essential.


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