Third-Party Liability in Workers' Compensation

Negligence by a Non-Employer Third Party

In workers' compensation cases, there are limited options for seeking damages for pain and suffering. Generally, only in third-party liability claims can a work-injury victim file a personal injury lawsuit. Otherwise, benefits are capped at workers' compensation. This is due to public policy and the reason behind workers' compensation law, which is to reduce tensions among employer-employee conflicts. By accepting workers' compensation, you are bargaining that regardless of fault, you receive benefits.

If the facts indicate negligence by a third party other than your employer, then a third-party liability suit is possible. Examples of these types of situations include:

• Construction accidents: negligence on part of the subcontractor caused the injury. Since the subcontractor is not the employer, a lawsuit can be filed against the third-party subcontractor.
• Vehicle/car crashes: car wrecks occurring during the scope of employment and a third-party vehicle was negligent.
• Manufacturers/distributors: machinery or equipment causing the injury may have been improperly designed/manufactured/distributed by a third party.
• Inspectors: failure of a third-party inspector to properly inspect the machinery, equipment, facilities used by the injured employee.
• Medical malpractice : A third-party doctor, physician or surgeon may have aggravated or improperly treated an injury.

These are just some of the scenarios that often mean a possible third-party liability action. Contact us at Barry D. Lang, M.D. & Associates, to discuss whether your situation merits third-party liability.

Intentional, Willful and Wanton Employer Conduct

Although they are very rare, another exception outside of workers' compensation benefits is if the employer's conduct was intentional, willful or wanton. Only in these more serious acts of negligence by an employer can an employee file a personal injury lawsuit for pain and suffering as well as punitive damages.

Contact Us for a Boston Third-Party Liability Claims Attorney

Do you have a possible third-party liability claim related to your work-injury? At our law firm, we can help you obtain assistance from a skilled and highly experienced Boston workers' compensation attorney. Call 617-720-0176 or 800-LAWYERS. You can also e-mail us or contact us online.