Workers compensation law varies from state to state, meaning that the way the law applies to your situation in Maryland may not be the case in Virginia. There are also different aspects of workers compensation law that the average worker may not be aware of, such as third party claims.
In most cases, workers are not allowed to make a claim against their employee after they sustain a workplace injury; the worker would instead receive workers compensation. In the case of a third party claim, you can sue a non-employer third party for their negligence.
The definition of a “third party” in the legal world is someone other than your employer who contributed to or was the direct cause of your workplace injury. For example, many third party claims involve car accidents (i.e. being involved in an accident while driving a work truck). Third party-related injuries also occur on construction sites when workers for separate, different companies work closely with and injure others while performing hazardous tasks.
If you are injured by a defective product (tools, machinery, equipment, etc.) while on a construction site, you may be able to bring a products liability claim against the manufacturer of the product. Other examples of third party claims include being exposed to asbestos while working and receiving inadequate or delayed medical treatment after sustaining a work-related injury.
If you have been injured on the job, you should discuss your case with a knowledgeable workers compensation lawyer at our firm to determine whether you are entitled to third party damages for your workplace injury. Contact us today for a free consultation.