Being injured on the job may not be a straightforward process, especially when someone else caused the accident. This can take place at the jobsite or even off-premises if you are still considered to be in the course and scope of your employment (ie. going from job to job in the company vehicle).
A common mistake is not exploring whether you have a third-party claim, even if the injury occurred “on the job.” Not doing this can significantly limit your right to recover for your injuries and damages.
Do I Have A Workers’ Comp Claim Or A Third Party Claim?:
You are “on the clock” driving the company vehicle between work sites when someone wrecks into your car, injuring you in the process. Do you have a workers’ compensation claim or a claim against the person who hit you? The answer is…. Both.
Workers’ compensation gets involved in most accidents that occur while a person is in the course and scope of their employment. Under the law, workers have the right to certain benefits, including medical care.
But, if your injuries were the fault of another party, not employed by your company, you may also have a claim against them (a “third-party” claim). In such a case, workers’ compensation may still be responsible for paying your medical bills, but will likely have a right to be reimbursed depending on the outcome of your third-party claim.
Did A Third Party Cause Your Accident?:
Sometimes, figuring out if the person who caused your accident was a “third-party” is straightforward, such as in the case of another driver rear-ending you in traffic. In such a case, they are obviously not employed by your company.
However, sometimes the answer is not so simple, like when an accident happens on a job site and the person who caused it was a subcontractor or borrowed employee. In those cases, exploring whether the at-fault party could be legally considered an “employee” of your company may be complicated. In some cases, we’ve had to uncover contracts, pay records, job descriptions, and other evidence in order to establish whether someone was a third-party or fellow employee of the injured victim.
Have You Been Injured On The Job Due To Someone Else's Negligence And Don't Know If You Have A Third Party Claim?
If you have been injured on the job due to someone else’s negligence and don’t know if you have a third-party claim contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
