Most Indiana workers are covered by their employer’s workers’ compensation insurance. However, workers’ compensation benefits are limited. If a party aside from your employer caused or contributed to your injuries, you may be able to file a third-party claim.
To learn more or discuss whether you may be eligible to file a third-party work injury liability claim, call Sevenish Law Firm, P.C. at (317) 636-7777 for a free case review and consultation.
Holding a Third Party Liable for Work Injuries in Indianapolis
If another party caused or contributed to your accident, you may be able to hold that party liable. You must be able to prove the party’s negligence caused your injury. If you are holding a manufacturer liable, you must prove the manufacturer’s product caused your injury.
In Indiana, injury claims must be filed within two years of the date of the accident. Some cases that involve product defects can be filed within 10 years. Meeting these deadlines can be difficult. You should consider speaking to an Indianapolis work injury lawyer as soon as possible after your injury occurs to ensure you preserve any valid third-party liability claim you might have.
Types of work injury cases in which third-party liability may exist include:
Construction sites these days are buzzing with swarms of workers that belong to several different employers. These workers do their jobs wherever they need to be done, often working side by side with employees working on another type of job and employed by another company.
If a worker employed by another firm neglects safety procedures or behaves in a way that causes you to be injured, it is likely that you can file a third-party claim against their general contractor. The compensation you receive from this lawsuit would be in addition to that which you receive from your workers’ compensation claim.
Motor Vehicle Accidents
Many workers on or around a construction site do jobs that involve driving. Someone might be delivering materials to the job site, for example, and accidentally back into a construction worker. In this case, the construction worker could file a third-party claim against the delivery driver’s employer.
Alternatively, if that same delivery driver were on a public road, and another driver were to rear-end them, the delivery driver could file a third-party claim against the negligent driver and attempt to collect compensation for their injuries.
Defective Product Accidents
Many types of work require the use of specialized tools, equipment, and materials. Workers rely on manufacturers of these products to design and produce them in a way that makes them safe, and manufacturers and distributors are duty-bound to deliver on this responsibility. When a company designs or manufactures a product that, when used correctly, harms someone, the injured individual can file a third-party claim against the manufacturer or distributor.
The same holds true for products that are inherently dangerous but do not come with appropriate warning labels to advise the user of the risks they take by using the products. An employee can file a third-party claim against a manufacturer and possibly receive compensation from that avenue, as well as from their worker’s compensation claim.
Slip and Fall Accidents
Slip and fall accidents are common enough. If you are working on property owned by someone other than your employer, you can file a third-party claim against that property owner in an effort to recover damages for your medical expenses, pain and suffering, and so on.
Third-Party Wrongful Death Actions
Workplace injuries can be catastrophic, including life-altering traumatic brain injuries and spinal cord injuries. If a worker loses their life due to a third party’s negligence, third-party liability for wrongful death may exist.
OSHA Violation-Related Accidents
Safety rules and regulations on job sites are often very strict. Workplaces must also follow the federal regulations laid down by the Occupational Safety and Health Administration (OSHA). A strong case can often be made by an Indianapolis work injury lawyer against a third party whose failure to follow OSHA rules resulted in a worker’s injury.
Contacting an Indianapolis Work Injury Lawyer
By its very nature, establishing third-party liability for an on-the-job injury is difficult and complex. This can become especially problematic when someone with no legal experience attempts to represent themselves. At Sevenish Law Firm, P.C., we understand the confusion that often presents itself after an accident and we can help you wade through that confusion.
To make the process as easy as possible, Indianapolis work injury 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 a police officer and firefighter injuries. Sevenish Law Firm, P.C. works closely with healthcare providers, accident reconstruction experts, and other experienced professionals to ensure we present every detail of your case.
Call Sevenish Law Firm, P.C. today at (317) 636-7777 for a free consultation and case review.