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Workers' Comp & Personal Injury: The Role of Third Party Liability

Workers' Comp & Personal Injury: The Role of Third Party Liability

Posted By The Barrera Law Firm, PLLC | 21-Nov-2018

When a worker is injured on the job and more than one company is involved, or more than one person, a standard workers’ compensation claim may not be enough to fully address the legal issues at hand. This is highly common in the construction industry, where multiple trades work on the same jobsite simultaneously. For instance, if an employee working on one trade (such as a flooring specialist) is involved in the injury of another employee of a different trade (such as the framer), the injured party can seek legal recourse. However, a workers’ comp claim will not cover certain aspects of the accident and injury, i.e. pain and suffering, loss of enjoyment, etc. When this is the case, a third party liability claim is in order.

Another example where a third party liability claim would be applicable is in the case of a person who drives for a living, or as part of their employment responsibilities. If an employee is involved in an accident while driving during work hours, a workers’ comp case would be in order because the injury occurred on the job; however, because the injury was caused by someone other than the employer, a third party liability claim would better address the legal issues at hand.

What Is Third Party Liability?

To understand what third party liability is, you must first understand the definitions of first and second party liability.

  • First party liability, or first party insurance, is a policy that applies to the insured (first party, i.e. you). First party liability is when the insured person is also the person at fault.
  • Second party liability refers to your employer. In these cases, there is a contractual relationship, or obligation, between the injured party (you) and the other insurance company (your employer) to act in good faith.
  • Third party liability, or third-party insurance, is when you (the first party) are injured by a person or business other than your employer (aka a third party).

In the cases described above, the first party would be the injured employee while the flooring employee or the at-fault driver would be the third party. Because third party liability is involved in both situations, a personal injury case would be applicable.

You Deserve Compensation. We Can Help.

If you were injured at work, it is key to act fast and speak with an attorney regarding who is at fault and what steps to take to ensure you get the compensation you need and deserve. Do not hesitate to contact our team today to start the steps to recovery.

Call 571.290.2390 to reach an Alexandria personal injury attorney at our office. We have your best interests at heart.

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