Work injuries can sometimes be the fault of an employee. They make a mistake on the job that leads to injury. Other times, employers might cause worker injuries by deferring machinery maintenance, providing insufficient training or imposing unreasonable demands on workers. It is also possible for third parties other than the employer or injured worker to be responsible for a work injury.
What rights do employees have when a third party is technically at fault for an on-the-job injury that they have sustained?
Workers’ compensation could be available
Workers’ compensation benefits protect employees by paying for their medical care and replacing lost wages. They protect employers by indemnifying them and limiting the risk of injury-related lawsuits brought by employees.
Employees hurt on the job are eligible for workers’ compensation benefits regardless of fault in most cases. Even when a third party is responsible, the injured employee could qualify for workers’ compensation benefits.
Scenarios where third parties cause injuries include:
- major mistakes by coworkers
- car crashes while workers are on the clock
- tools and machinery that fail due to defects
- criminal activity, including robberies and assaults
In such scenarios, injured employees may potentially have the option of pursuing a lawsuit or insurance claim against an outside party.
In the meantime, they can potentially receive workers’ compensation benefits. Having access to medical coverage and wage replacement benefits can take the financial pressure off those who must miss work due to an on-the-job injury.
Workers facing complicated claims often require support. Reviewing a work incident with a skilled legal team could help an injured employee navigate the claims process effectively and better understand their rights.