Most Indiana workers are covered by their employer’s workers’ compensation insurance. However, workers’ compensation benefits are limited, which is why workers’ comp is only the starting point for employees who are hurt on the job in Indiana. If a party other than the injured worker and his employer is partially or totally responsible for the injury, a third-party liability claim may be filed by the injured worker against the responsible third party.
Types of cases in which third-party liability may exist include:
- Construction accidents caused by another contractor or subcontractor with a different employer than the injured worker;
- A slip and fall or other injury on property not owned by the employer;
- A car accident or pedestrian accident caused by another driver;
- A defective product used by the worker.
Workplace injuries can be catastrophic, including life-altering traumatic brain injury and spinal cord injury. If a worker loses his or her life due to a third party’s negligence, third-party liability for wrongful death may exist.
Safety rules and regulations on job sites are often very strict. Workplaces, especially construction sites, must also follow the federal regulations laid down by the Occupational Safety and Health Administration (OSHA). A strong case can often be made against a third party whose failure to follow OSHA rules resulted in a worker’s injury.
Third Party Liability
Injuries resulting from the negligence of multiple third parties can also be compensated under third-party liability. Even if the injured worker was partly at fault for the accident, he or she may still be able to recover under the Indiana comparative fault doctrine, which requires all parties who contributed to a worker’s injury to pay damages proportionate to the amount for which they were at fault in causing the injury. Workers who are injured in Indiana can, therefore, benefit from a thorough investigation of the circumstances of their injury, in order to determine who was responsible for the injury and to what extent.
In Indiana, most third-party liability claims can only be filed within one to two years of the date of the accident. Some cases that involve product defects can be filed within ten years. No matter what type of third-party liability claim you might have, you should consider speaking to an experienced Indiana workers’ compensation injury lawyer as soon as possible after your injury occurs to ensure you preserve any valid third-party liability claim you might have.
Contact Our Indianapolis Workplace Injury Lawyer
By its very nature, establishing third-party liability for an on-the-job injury is difficult and complex. At Sevenish Law Firm, our personal injury lawyer understands the confusion that often presents itself after an accident, especially when someone is unfamiliar with the legal process.
To make the process as easy as possible, attorney Randy Sevenish handles each case personally, getting to know clients and their families while he fights aggressively to win the full amount of compensation to which they are entitled. Additionally, Randy Sevenish’s experience as a S.W.A.T. Commander gives him unique insight into police officer and firefighter injuries.
Sevenish Law Firm works closely with health care providers, accident reconstruction experts, and other experienced professionals to ensure we present every detail of your case. If you or a loved one has suffered a workplace injury, please call our work injury attorney today at 1-800-278-9200 for a free and confidential consultation.