What Happens When a Third-Party Causes a Workplace Injury?
Posted on behalf of D'Amico & Pettinicchi, LLC on May 26, 2017 in Workers' Compensation
In Connecticut, you cannot file a lawsuit against your employer for a workplace injury. Instead, you are required to submit a claim to the Connecticut Workers' Compensation System to recover compensation for medical expenses, lost wages, and vocational rehabilitation.
One of the few instances in which you can file a lawsuit for a work injury is when a third party caused your injury. You can file a work injury lawsuit against a third party to recover compensation for damages that are not covered by workers' compensation, such as pain and suffering, loss of companionship, and loss of enjoyment of certain activities.
Another advantage to a third-party lawsuit is that there is no limit to the amount of economic and non-economic compensation you can recover, as there are no damage caps for personal injury lawsuits in Connecticut.
Types of Third-Party Claims
There are a wide variety of situations where employees suffer injuries that were caused by third parties.
For instance, if a cable repairman is electrocuted by exposed high voltage wires while installing cable in an apartment complex that is under construction, he or she could file a third-party lawsuit against the apartment complex. The lawsuit would claim that the apartment complex was negligent for failing to cover the high voltage wires.
You could also file a lawsuit if you were driving a company car, like a delivery truck, and you were injured in a traffic accident caused by a negligent driver.
Other third parties you might be able to file a lawsuit against include:
- Manufacturers of defective products, such as machines or other equipment that malfunctioned or stopped working
- Manufacturers of dangerous chemicals used in your workplaces, such as silica, benzene, chromium, and radium
- Manufacturers of safety equipment or clothing that failed to work the way it was supposed to
- The entity that owned the property where your work injury occurred, if it is not your employer
- Defective car parts that caused a traffic accident in a company car
- Vendors who are responsible for maintaining equipment used at your job
- General contractors and subcontractors responsible for keeping a construction site safe
- A cleaning company that caused a slip and fall injury
- A company hired by your employer to fix a hazard at your workplace
Does a Third-Party Claim Affect My Workers' Compensation Claim?
Our attorneys can pursue a third-party claim while you pursue a workers' compensation claim. Your third-party case will not affect the workers' compensation benefits you receive. If a recovery is received from the third-party lawsuit, a portion of the worker's compensation benefits will need to be reimbursed.
The goal of a third-party claim is to supplement the workers' compensation benefits you receive, further helping you to mitigate the damages you have suffered.
Contact Our Watertown Work Injury Lawyers Today
If you have reason to believe a third party caused your on-the-job injury, contact D'Amico & Pettinicchi today for a free, no obligation consultation.
We can carefully review your claim and inform you of all legal options available. If you have a viable claim, we will begin a thorough investigation to build a strong case that helps ensure you receive all of the compensation you deserve.
Our goal is to secure the compensation you need to help you recover from your injuries and hopefully return to work. If a return to work is impossible, we want you to have the compensation you need to continue supporting yourself and your family.
Schedule your free consultation today by completing a Free Case Evaluation form.