State and federal laws mandate that employers cover their employees under workers’ compensation. This form of employer insurance is designed to ensure that workers are compensated for some of their losses after a work-related accident (i.e. medical bills, missed hours at work, etc.). Unfortunately, payouts rarely cover the entirety of a worker’s financial losses related to an inability to work; employees receive only a percentage of their regular wages when seeking damages for lost salary.
Sometimes, an injured employee has additional options outside of their workers’ compensation claim. The most commonly seen example is the third-party liability lawsuit, in which someone other than the employer was also (or perhaps even solely) responsible for the accident. Learn more about how this option may relate to your work injury case, and discover how a seasoned attorney can assist you in pursuing every ounce of compensation to which you are entitled because of a Wisconsin workplace injury.
What is a Third-Party Liability Lawsuit?
Although employers are responsible for the safety of their employees, they are not the only company that may be held liable in a workplace accident. Defective machines, automobile accidents, and improperly installed or maintained equipment are just a few examples of ways that a third party may become liable for a workplace injury. There are also other third-party situations that may be difficult for a victim to identify. For this reason, injured employees are strongly encouraged to seek seasoned legal assistance with their work injury claim.
Proving Third-Party Liability in a Work Injury Claim
Third-party liability is possibly one of the most complex areas of work injury law. Part of the problem is that many employees are unaware of the possibility of a third-party claim because employers do not typically inform workers of this option. Alternatively, the employer themselves may not even be aware of the third-party liability aspect of a work injury case.
To further complicate matters, employees must often look under the surface to determine who else might be at fault for their workplace injury (and how). They must then prove that the third party acted negligently and that their negligence directly contributed to their injuries. For example, if a piece of equipment was not properly maintained and it resulted in an injury to the worker, the worker must first identify whether their employer or an outside company was responsible for the maintenance. Then they must show that the lack of maintenance caused the accident.
How Our Appleton Workplace Injury Lawyers Can Help with Your Case
You deserve full compensation for your losses – and if someone other than your employer is liable, they should be held accountable for their actions and your losses as well. Herrling Clark Law Firm, Ltd. can examine your case to determine if third-party liability may be a factor in your work injury case. Contact our skilled Green Bay work injury lawyers at 920-739-7366 today for a free consultation.