Third Party Claims in Georgia Workers' Compensation Cases

November 06, 2010

Pretty much everyone knows that if you are injured on the job, you have the right to seek workers' compensation benefits from your employer. What many people do not know, however, is that it may be possible to bring a lawsuit against people other than your employer who may have contributed to your injuries. Known as third party claims, these suits are designed to ensure that an employee is fully and fairly compensated for the effects of a workplace injury.

The concept of workers' compensation is a noble one -- providing necessary benefits for injured workers while shielding employers from the possibility of a protracted and overly expensive legal battle. Workers' compensation laws are structured in a way to grant immunity to employers for injuries an employee receives while fulfilling the duties of his or her job. The injury does not necessarily have to happen on company property, but it must be within the scope of the employment. The system limits the amount of compensation paid and the types of damages that can be sought (no claims can be made for pain and suffering, for example).

Third Party Liability

Third party liability -- in the context of workers' compensation claims -- arises when an on-the-job injury occurs because of (or is aggravated by) the negligence of someone other than the employer. An example of this would be the loss of a finger on a piece of flawed industrial equipment -- since the accident happened in the course of the employee's employment, he or she can seek workers' compensation benefits, but the manufacturer of that faulty machine may also be held accountable for the effects of the injury.

Another common third party liability scenario occurs on construction sites where the third party responsible for erecting scaffolding does so in a negligent manner which causes the scaffolding to collapse. Frequently, workers who are not employees of the scaffolding contractor are injured when the scaffolding collapses and can bring third party claims against the scaffolding company.

Another case we often see is when a hospital's third party cleaning contractor fails to use proper warnings to notify the public and hospital staff who are then injured as a result of slipping and falling on the hazard created by the third party cleaning contractor.

The workers' compensation system is difficult to navigate. The difficulties only increase when a third party claim is involved. If you have been injured on the job, seek the advice of a skilled workers' compensation attorney in your area to learn more about the types of claims you may be able to bring and the steps you need to take.

Article provided by The McAleer Law Firm, P.C.
Visit us at www.mcaleerlaw.com