Holding a third party liable for your workplace accident

Did a third party contribute to or cause your workplace accident? A third party, in this context, refers to someone other than your employer or fellow employees. It could be a vendor, a subcontractor, a customer or even a random stranger unrelated to your job, like a careless driver.

When a third party’s negligence or carelessness partly or fully played a part in your workplace accident, you may be able to file a negligence claim against them and recover compensation for the harm or loss you suffered. Here is what you should know about workplace accidents involving third parties.

You must prove the elements of a personal injury claim

For a valid negligence claim against the third party, you must show that they owed you a duty of care that they breached, leading to your workplace accident and subsequent injuries.

Whether a duty of care existed at the time of your workplace accident depends on the prevailing facts and circumstances of your case. Generally, a third party owes you a duty of care if they have a legal obligation to avoid careless acts that could lead to foreseeable harm to others.  

An example of such a scenario where a duty of care arises could be a reckless driver who crashed into you while you were on a work errand or a contractor who failed to follow proper safety procedures leading to a collapse that injured you.

You can recover a wider range of damages

A typical workers’ compensation claim only covers medical expenses and a portion of the wages you missed. However, you can recover economic and non-economic damages with your negligence claim. These include damages like pain and suffering, lost wages, emotional anguish and even a diminished quality of life caused by your injuries.

Protect your interests after a workplace accident

If you have suffered a workplace accident involving a third party, reaching out for informed counsel as soon as possible is prudent. The right guidance when building your case and navigating the legal red tape involved with such claims will significantly increase the chances of getting the compensation you deserve.