Did Someone Else Cause Your Work Accident?
Under workers' compensation law, you cannot sue your employer. But if a third party caused your accident, then you may be able to file a third-party liability lawsuit.
You as the injured person are the first party. Your employer is the second party.
What is a third party? If you were driving a truck and someone else hit you, causing an accident that resulted in injuries to you, the driver of the other vehicle would be a third party. If a subcontractor on a construction site caused a trench to cave in and you were injured, that subcontractor may be a third party. If a defective forklift turned over and injured you, the forklift's manufacturer would be a third party.
When you come to the Eley Law Firm to talk about your work injury, we will tell you if we think you have a third-party liability claim.
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At the Eley Law Firm in Denver, we focus all our efforts on Colorado workers' compensation, but we will refer you to a personal injury lawyer if you have a third-party liability claim. With a third-party claim, fault must be proved. If you are successful in a third-party claim, the amount of settlement or verdict will probably be far greater than a workers' compensation claim because it will include pain and suffering.
There are many types of work-related accidents that could become third-party liability claims:
- If scaffolding failed at a construction site, the company hired to put in the scaffolding might be liable.
- If you were driving a truck for your job and got into an accident that was the fault of someone who doesn't work for your employer, that person could be liable for your injuries.
- If a crane for a construction job tipped over and injured you, the crane owner and operator could be liable.
- If you were making a delivery to a store and the store's slippery loading dock or floor caused you to slip and fall, the store could be liable.
- If your injuries were caused by a faulty fire extinguishing system or by poor wiring, the electrical contractor may be liable for your injuries.
You can collect both workers' compensation and a settlement from a third party. However, the proceeds from any successful third-party liability claim would be used, in part, to pay back the workers' comp carrier.
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In any work accident, our objective is to guide you to the greatest compensation available. Workers' compensation is an important benefit, but when third-party liability can be proven, that avenue should be pursued as well. Call the Eley Law Firm in Denver at 866.458.6360 or 720.279.9172 for a free consultation with a workers' compensation lawyer. You can also contact us by filling out the e-mail form on the contact page.
We will help you decide whether to file a third-party claim. And we will help you find the right attorney for your case.
