Third-Party Liability In Workers’ Compensation Claims

Workplace injuries happen with alarming frequency, no matter how safe or hazardous the work environment. In most cases, an injured employee files a workers’ compensation claim. However, in certain situations, the employee may also be able to file a personal injury claim against a third party responsible for the accident. The lawyers at Walborsky Bradley & Fleming, PLLC, can help injured workers pursue both a workers’ compensation and third-party liability claims to seek maximum recovery.

When Does Third-Party Liability Apply?

Third-party liability exists when someone not employed by the injured worker’s employer causes the injury. The presence of a third-party does not absolve an employer’s obligation to pay workers’ compensation benefits to the injured employee, if the injury occurred while the employee was completing work-related tasks.

Scenarios when third-party liability may apply include:

• Car accidents: An accident in a company vehicle or while being paid to drive for work-related tasks, such as delivery or on the road sales, is one of the most common scenarios. However, a person injured in an auto accident while commuting to or from work would not have a third-party claim.
• Defective products: A machinist injured by a defective tool could file a personal injury claim against the product manufacturer.
• Improperly labeled chemicals: A factory worker who suffered an injury or illness from exposure to poorly labeled chemicals could bring forth a suit against a chemical manufacturer for improper warning labels.
• Slip-and-fall: A worker who falls on a wet floor while touring a supplier’s warehouse could bring a premises liability claim against the vendor.

Let Us Help You File Your Claim

In Florida, third-party liability claims can be filed concurrently with a workers’ compensation claim to help you secure maximum damages. To discuss your case in person, schedule a free consultation with our attorneys. Call our Panama City office at 850-434-8484 or 850-434-8484 to arrange yours. You can also send us an email.