If you were hurt at work due to a third party’s negligence, you may be able to file a personal injury lawsuit and seek financial compensation in court. When a third-party business owner acts negligently, and you suffer an injury as a result, you can pursue a liability claim instead of, or in addition to, filing for workers’ compensation.
A lawyer at Howell & Christmas experienced in filing Charleston third-party liability claims against business owners can examine the facts of your case and determine whether you can seek compensation through a lawsuit. To learn more about filing such a claim, contact an accomplished third-party liability claims attorney today.
What Is Workers’ Compensation?
Many people believe that workers’ compensation is a type of employee benefit, or something akin to Social Security Disability. Workers’ compensation is actually a type of insurance coverage that most Charleston employers must carry. Workers’ compensation insurance covers the injuries an employee suffers while performing their job duties. This includes injuries caused by the employee, their co-workers, or by the employer itself.
However, workers’ compensation does not cover injuries caused by a negligent third party. If, for example, an employee suffers an injury as the result of a third-party business owner’s negligence, they may be able to sue that business owner in court.
Instances When an Injured Worker Can File a Lawsuit
If a third party’s negligence contributes to the employee’s injury, they can file a lawsuit against that other party. Filing Charleston third-party liability claims against business owners are different from filing a workers’ compensation claim. A civil court hears these claims.
For example, a subcontractor at a construction site may negligently operate heavy machinery and hurt someone. If the subcontractor is not the victim’s employer, they may be able to sue that business owner for their negligence.
Third-Party Claims Process Explained
Charleston third-party liability claims against business owners are a legal matter. Any injured employee in Charleston can initiate this legal process by first contacting a reputable personal injury attorney. Next, the person may file a lawsuit in civil court. The lawsuit will specify how the third-party business owner acted negligently, and how that negligence harmed the employee. In the above negligent subcontractor example, the injured worker could use medical documentation to prove the extent of their injuries.
They could also provide evidence as to how the subcontractor deviated from normal safety protocol when operating the machinery. It is essential to any successful third-party liability claim that the individual can prove the third party actually caused them harm. The person must show the third party caused their injuries, not the employer. Otherwise, the individual may have to file a workers’ compensation claim instead of a lawsuit.
Damages in Charleston Third-Party Liability Claims
Anyone hurt by a third party while at work will likely suffer financial losses due to their injuries. Victims can seek compensation for their medical bills, lost wages, and other losses. The amount of damages a person may recover will depend on the injuries they suffered and the ensuing financial harm.
A Charleston Third-Party Liability Claims Against Business Owners Attorney Can Help
If you have suffered an injury at work, you have options. Any employee who suffers a disabling injury at work may file a claim with workers’ compensation. However, if their injury was due to a negligent third-party business owner, the person may be able to pursue a third-party liability claim.
To determine whether you have a viable third-party liability claim, speak with an experienced Charleston third-party liability claims against business owners attorney. An experienced attorney can review the facts of you case and determine whether you have a claim.