According to the National Safety Council, work injuries cost $167 billion in 2021. This is an area of huge concern due to how often people get hurt while on the job. Also, not every case falls under workers’ compensation, which can complicate things.
When a third party holds responsibility for the accident or incident, it falls outside workers’ compensation and requires litigation. Workers must learn how to protect their rights in such situations.
Third-party workplace claims explained
Third-party workplace claims arise when an employee suffers an on-the-job injury due to the negligence or wrongful actions of someone other than their employer or co-worker.
Common scenarios for third-party claims
While situations may arise where someone else holds the responsibility for the worker’s injury. For example, an employee may have a claim against a manufacturer or supplier if the injury occurs when using a defective product or equipment. It would require showing the defective product was the cause of the accident.
A car crash while on the job is not always the employer’s fault. Just like all road accidents, it is possible the other party is responsible. The worker might then have a claim against that person.
In cases where a worker slips and falls due to a hazardous condition at a client’s or partner’s premises, they may have a third-party claim against the property owner or manager.
Responsibilities when making a claim
Workers still must follow certain procedures even when they will file a third-party claim. The steps they should take include reporting the incident to their employer as soon as possible and seeking medical attention promptly.
Workers should understand third-party claims and how they may arise to ensure they have access to all potential compensation due.