There are various scenarios when a third party may be to blame for your workplace accident. For instance, you may sustain injuries from the negligence of an independent contractor at your job or a reckless driver who crashed into you while on a work errand.
When this happens, you can file a typical workers’ compensation claim since you were injured when performing a work-related activity. In addition, you can hold the negligent third parties liable for your injuries by filing a personal injury claim against them.
How claims against negligent third parties work
A claim against a negligent third party is unlike your workers’ compensation claim. For instance, you must prove that the third party owed you a duty of care and was negligent, leading to your injuries.
Responsibility for workplace accidents is not a significant consideration in a workers’ compensation claim. However, your level of fault matters in your personal injury claim against a third party and may affect the compensation you can recover. In Pennsylvania, you cannot get any compensation if you were 51% or more responsible for the accident that led to your injuries.
While it is easier to collect workers’ compensation benefits compared to damages in a personal injury claim, there is a wide range of possibilities with the latter. For instance, you can claim damages like emotional anguish, disfigurement, physical pain and suffering, which are all unavailable under workers’ compensation.
Protect your interests after a workplace accident
If you have suffered injuries while performing a work-related activity, it is worthwhile to have your case assessed by a qualified professional. That way, you will understand your options, such as whether there are any potentially liable third parties and what you can do to safeguard your rights.