A third-party is anyone other than your employer or co-workers. If you have been injured at work, and your injury was caused by the negligence of a third-party, you can file a claim for damages. In this blog, we explain what you need to know about third-party claims.
What’s the Difference Between a Worker’s Comp Claim & a Third-Party Claim?
Employees who suffer an occupational injury or disease are usually covered under worker’s compensation law. Benefits from workers’ compensation can be used to help cover your medical expenses and lost income. However, worker’s comp doesn’t cover permanent medical conditions caused by a workplace accident or occupational illness.
You can however, file a claim against a third-party or manufacturer of a defective product or service that is responsible for the injury you have suffered. A wrongful death claim can also be filed on behalf of employees who are killed because of the negligence of a third-party.
Proving Third-Party Negligence
In order for you to win a third-party negligence case, you will need to prove four things to establish that the actions of the third-party contributed to your injury or illness:
- Duty: Under the circumstances, the third-party owed you a legal duty
- Breach: The third-party breached their legal duty by acting or failing to act in a certain way that contributed to your injury or illness
- Causation: It was the third-party’s actions (or inaction) that actually caused your injury or illness
- Damages: Your injury or illness was the result of the third-party’s actions which caused you to incur financial or other types of hardships
Do you need help with your third-party claim? Contact our San Antonio workers' compensation attorney to schedule a free consultation today.