Third Party Work Accident Lawsuits

Workplace accidents are common at construction sites. The first legal remedy that comes to mind after a work accident is workers’ compensation. In many situations, workers’ compensation may be the exclusive remedy available to you as an injured worker, particularly if the accident was not caused by the negligence or wrongdoing of another party. However, if someone else was responsible for your accident, you may be able to pursue a third-party claim against the responsible party. You can often pursue a third-party claim in addition to a worker’s compensation claim, and you may be able to pursue additional benefits, such as pain and suffering, that are generally not recoverable in a workers’ compensation claim.

Third-party work accident lawsuits can exist in numerous scenarios. Common examples include claims against negligent drivers, property owners, scaffolding companies, and equipment manufacturers. For instance, if a sub-contractor is working on a ladder or scaffolding that collapses due to a shaky foundation, a claim against the third-property owner may be asserted due to the dangerous condition of the premises.

In order to pursue a personal injury claim against a third-party, you will need to prove that party’s negligence caused or contributed to your accident and injuries. Suppose you are in the process of delivering some work materials to a job site when you are rear-ended by a drugged driver. In this scenario, you may have a workers’ compensation claim since you were injured during the performance of your job duties. However, you may also have a claim against the drugged driver who rear-ended you. If your airbag did not deploy as intended, a product liability claim may be asserted as well.

In a workers’ compensation claim, your recovery will be solely based on your injury and the extent of your vocational disability, if any. The workers’ compensation insurance will also cover your medical expenses and wage loss reimbursement pursuant to state law. In a third-party negligence claim, you will be able to pursue recovery for medical and prescription expenses, full lost wages, lost future earnings, pain and suffering, loss of consortium, emotional distress, and loss of enjoyment of life, among other elements of damages.

Doe to the complexity of third-party work accident lawsuits, you should contact an experienced attorney to assist you as soon as possible after your injury. An attorney will be able to guide you through the process and help to identify all potential claims and sources of recovery. In Tennessee, you only have one year from the date of injury to either settle your claim or to file a lawsuit against the third-party. Otherwise, your claim will expire, no matter how significant your injuries may be.