Getting injured while on the job can turn your life upside down. Workers’ compensation may help you deal with the financial burden of not being able to continue working, but in many cases, it may not be enough. However, if your injury was the result of a third party’s negligence, you have the right to file a work injury lawsuit to help you collect a fair amount of compensation for your injuries. This is when an experienced workplace injury lawyer can help you. Their expertise and knowledge of the Workers’ Compensation system can help you regain stability.
For help, call Gallon, Takacs, Boissoneault & Schaffer Co. L.P.A. today: 419-843-6663.
What is a third party?
Not all injuries in the workplace are the result of a negligent employer. Some may simply be the result of a freak accident. But others might occur due to negligent or reckless actions by a third party. There can be many different issues and parties in a work injury lawsuit.
A third party can include anyone who contributed to your injury (aside from your employer), such as:
For example, if a carpenter put in an uneven floor which you tripped and fell on, you could have grounds for a third party injury lawsuit against the carpentry company.
Or maybe a defective piece of machinery malfunctions and causes you severe injuries. You could have a case against the manufacturer of the machine or a repair company who may have intended to fix a problem with the machine and failed to do so.
Determining who is at fault in your workplace injury one of the first steps in ensuring that your work injury lawsuit turns out in your favor.
You want to make sure that the party you are suing is the actual party whose negligence has caused your injuries.
Note: Due to a concept called subrogation, your employer (or its insurer) may be able to take a portion of your settlement to pay back any benefits it awarded you.
The Ohio Bureau of Workers’ Compensation reminds injured workers to let their claims service specialist know of any third party suits to ensure you do everything correctly.
Do not let this deter you from filing a suit as your settlement will likely be much higher than what workers’ compensation would have awarded you.
How To Ensure You Are Entitled To a Third Party Injury Claim
If you are hurt while on the job due to the actions of a third party, there are a few things you must prove in order for you case to hold weight.
Breach of Duty of Care
The first thing you absolutely must prove is that the third party you believe was responsible for your accident was, in fact, being negligent.
Proving fault on the part of a third party is essential. If a delivery truck strikes you while you are performing your job duties, a judge or jury will need proof that it was the third party who was at fault, not yourself.
Causation of Injuries
After you have successfully proven that the third party was at fault in your case, the next step will be to prove causation of your injuries.
This means being able to show that the third party’s negligent act has a direct link to your injury.
In other words, even if a third party equipment manufacturer is negligent when installing the equipment in your workplace, there must be definitive proof that the installer’s negligence caused your accident for a liability suit to be successful.
Proof of Damages
The last thing you must prove in any work injury lawsuit is the proof of damages.
This means being able to prove that your accident caused you to suffer an actual injury, whether it is physical, financial, or emotional.
Put plainly, this prevents workers from making false claims against third parties. Even if the third party was negligent, and even if that negligence causes you to trip and fall or be involved in an accident, if no injury occurs to you, then your personal injury lawsuit simply will not hold any weight.
If all three of these aspects of your situation pertain to an accident you suffered, your next step will be to collect and provide evidence.
How do I get started?
If you are injured while on the job, and believe it is the fault of a third party, the first step you need to take after seeking medical help is to document your injuries.
This means making note of how your injury occurred and securing medical records to prove your injuries are real.
Another step you can take is to ask your employer for video evidence of the accident, or to find out if any of your coworkers witnessed the incident take place.
If so, they can serve as primary witnesses to your injury and confirm your account of the accident.
Proving a third party liability case while on the job can be a difficult endeavor — one that takes time and expertise to manage.
Because of this, it is crucial that you get the right team to help you.
Where can I get help with my work injury lawsuit?
The team at Gallon, Takacs, Boissoneault & Schaffer Co. L.P.A. has more than 300 years of experience helping victims of personal injuries in Toledo and the surrounding areas.
We know how to make sure you get the help and fair compensation you deserve after a serious workplace injury.
Work injury lawsuits are complex. Do not try to do this all alone.
Instead, trust our team of bar members who hold membership in a number of professional associations and have received recognition from industry groups like Best Lawyers in America and Ohio Super Lawyers.
If you have been hurt in a work place accident, and you think you have grounds to file a work injury lawsuit against a third party, then give Gallon, Takacs, Boissoneault & Schaffer Co. L.P.A. a call today and let us see how we can help you.
Contact us for a free consultation now at 419-843-6663.