Navigating the complexities of a legal claim or lawsuit often begins with understanding the roles different parties play in these matters – for example, the plaintiff, the defendant, and what’s known as a third party.
Understanding the term “third party” can be essential because they could potentially share responsibility for your personal injury. They may have a legal obligation to compensate you, which serves as an important step towards receiving the full damages you’re entitled to under Nevada law.
Third Parties and Workplace Accidents
If you’re injured on the job, a primary resource is often your company’s workers’ compensation insurance. However, these matters can become more complex when someone outside of your employer contributes to your workplace injury — that party is considered a “third party.”
Fully understanding this term and its relevance can impact your claim and the options available for obtaining rightful compensation.
Examples of Third Parties in Workplace Accident Claims
There are several scenarios where you may encounter a third party’s involvement in your workplace injury. Here are some examples to help clarify who these entities might be:
Equipment Manufacturers
Any company that manufactures equipment or parts of machines that you use at work could potentially be held liable in a third-party claim if a defective product played a part in causing the accident.
Contractors/Subcontractors
In many situations, employers hire independent contractors and subcontractors to perform certain parts of a job. If one of these parties does something negligent that causes you to be injured while at work, they could be held liable for your damages.
Property Owners
If the property where you’re performing job duties is not owned by your employer, the property owner could be seen as a third party in the event of an accident. This is true mainly if the incident occurred due to unsafe conditions present on the property.
Vehicle Drivers
Jobs that involve driving or traveling come with the risk of motor vehicle accidents. If a traffic accident occurs while you’re engaged in work-related duties, the at-fault driver can be considered a third party.
A Coworker
In certain instances, a coworker might also be considered a third party involved in your workplace personal injury claim. If that person intentionally caused harm or their negligence resulted in you sustaining an injury, they could potentially share responsibility for your damages. This is in addition to the workers’ compensation benefits you may receive.
Architects and Engineers
These are professionals tasked with designing the layout of the work environment or creating systems utilized within it. If errors or omissions in their designs result in a work incident causing injury, they can potentially serve as third parties in a personal injury lawsuit.
Government Entities
If public infrastructure or regulatory shortcomings contribute to your workplace accident, a local or state government entity may assume third-party liability. It’s crucial to consider that taking legal action against a government body involves its own unique set of procedures and guidelines.
Understanding the role of third parties in workplace accidents is crucial to ensuring that all responsible entities are held accountable. This is not an exhaustive list, but it gives you a good idea of who could be responsible for your injuries.
You Can File a Third-Party Lawsuit and Workers’ Compensation Claim Simultaneously
There may be situations where you, as an injured worker, have suffered harm at work as a result of a third party’s negligence. In such instances, it’s important to realize that filing for workers’ compensation does not preclude you from also pursuing a lawsuit against the liable third party; these two processes can progress simultaneously.
Workers Compensation Claims – No Proof of Negligence Needed
Standard workers’ compensation claims typically don’t involve proving fault or negligence on your employer’s part like it would in a traditional personal injury lawsuit. Rather, they are based on the understanding that if you were hurt while working, regardless of who was at fault, you’re eligible for benefits, such as coverage for medical treatment and partial wage replacement (though some exceptions do exist).
You Must Prove Negligence in a Third-Party Claim
When you are filing a third-party claim, it is usually based on negligence and proving that someone else’s actions (or their failure to act) caused your injuries. This makes it somewhat more complicated to pursue than a workers’ compensation claim, which simply requires showing that you were injured at work.
However, third-party claims provide significant advantages, as you may be able to collect much more compensation through this type of claim. Additionally, since it doesn’t take away from your ability to file for workers’ compensation benefits, there’s little downside to filing both types of claims – especially since most personal injury lawyers work on a contingency fee basis.
Always Consult a Personal Injury Lawyer For Help With a Third-Party Claim
Managing third-party claims is a nuanced matter, making it essential to work with skilled legal professionals who specialize in these cases. Working with the right lawyer will give you the best chance at recovering the compensation you’re entitled to.
If you’ve been injured at work, don’t hesitate to contact us today at (702) 222-9999 to schedule a free consultation with an experienced Las Vegas personal injury attorney from De Castroverde Accident & Injury Lawyers.