Workplace injuries happen every day in industries across the nation. From something as simple as a paper cut to something as complicated as a severed limb; workplace injuries may result in a life altering and a jarring experience for employees. Generally, when an individual is injured in the workplace the immediate need is to get medical treatment followed by compensation for time lost from work and the associated medical costs. Workplace compensation laws have been put in place in order to protect injured workers by providing benefits for medical costs and lost wages and to ensure that treating the employee’s medical needs are not the financial burden of the employee. However, what of the case where the cause of the injury, while linked to the individual’s employment, is as a result of someone’s negligence or a product defect?

A Crowson Law Group attorney responded to this question by stating, “In cases where a workplace injury is associated with someone else’s negligence or a defective product, such a case becomes a third party liability claim that can be brought by the injured worker in order to recover damages especially those that go beyond the financial compensation provided by a workers’ compensation claim.”

It is important to note that workers’ compensation under state and federal laws provides coverage for an accident that “occurs in the course of an employee’s regular work duties, or while at a company event or a required work break. The program is designed to protect injured workers, and pays the cost of medical care and a percentage of the employee’s salary while they are unable to work. Workers’ compensation also protects employers from being sued as well.” That being said, when a workplace accident is as a result of a piece of equipment that fails or a defective machine that injures a worker, the workers’ compensation coverage alone will be limited to specific benefits that may not include the employee’s pain and suffering or associated emotional trauma.

Third party claims involve reckless behavior or negligence on the part of another; or failed or defective equipment which basically means that another party, i.e. the third party, in addition to the employer are responsible for the accident. Wherein equipment fails or is manufactured incorrectly or has a design flaw that contributes to the accident, the injured employee may need to file a third party claim. Such a claim can potentially include the product manufacturer, distributor or retailer.

Because workers’ compensation does not provide coverage for pain and suffering, if an employee is hurt by a third party, filing a liability claim can provide that coverage for pain and suffering. By filing a third party claim, it means that the third party is held legally responsible for the workplace accident.” Third party claims require that the injured individual determine how the product was manufactured or negligence in how it was operated by a contractor or other party or general negligence was performed. Thus this is the proof that must be provided to the court in order for a third party claim to succeed. If you have a third party claim that resulted in your injury, contact the best personal injury accident lawyer in Wasilla Alaska for legal advice and representation.