When it comes to work-related injuries, a third-party is anyone other than the employer or co-workers. If your work-related injury was caused by the recklessness of a third-party, you can file a lawsuit to seek compensation for your damages. Below, we provide more information for you about third-party negligence claims.
Is There a Difference Between Workers’ Comp & Third-Party Negligence?
Workers are usually covered under workers’ compensation law if they get hurt or suffer an occupational disease. Workers’ comp benefits can be used to cover medical costs and a portion of the employee’s lost wages. Unfortunately, worker’s compensation does not cover long-term losses of income, permanent medical conditions, or ongoing losses of income that is caused by a workplace accident or occupational illness.
However, injured workers do have the right to file a lawsuit against a negligent third-party or manufacturer of a defective product or service. Wrongful death claims can also be brought against a negligent party if an employee dies from their injury or illness.
How Do I Prove the Third-Party Was Negligent?
In order to win a third-party negligence case, the injured person will need to prove the following four things to show that the actions of the party contributed to their injury or illness:
- Duty: Under the circumstances, the third-party owed a legal duty to the injured person
- Breach: The third-party breached their legal duty by acting or failing to act in a certain way that contributed to the injury or illness
- Causation: It was the third-party’s actions (or inaction) that actually caused the injury or illness in question
- Damages: The injury or illness was the result of the third-party’s actions
Do you have more questions about filing a third-party negligence claim? Contact our San Jose team of third-party negligence attorneys to get legal assistance today.