Understanding Third Party Liability and How it Differs From Workers Compensation Claims

If you are unfortunate enough to suffer an injury at work, the law allows you to file a workers’ compensation claim.  Benefits can be awarded without the need to prove any fault on the part of your employer.  However, if you are injured as a result of the actions or omissions of a negligent third party, you will need to be aware of a legal premise known as “Third Party Liability.”  This type of liability will arise when an individual or organization that is separate from your employer is responsible for the injuries you have sustained.  This could be due to a design defect in the equipment you need to use to fulfill your work obligations, drivers who cause car accidents that injure a worker on the job, or the result of a visit to another business owners premises.

A good example of third party liability would be a road worker who is involved in an accident involving a truck driver employed by a different organization.  If the truck driver is at fault and injures the road worker as a result of his negligence, the road worker can claim workers compensation, but also may want to sue the truck drivers employers to receive more extensive compensation.  In a third-party liability claim, an injured worker is able to ask for non-economic damages and punitive damages.

Thirty party liability also covers defective equipment in your workplace.  This could be machinery or heavy goods, but could also be something as simple as a chair leg that breaks causing serious injury, or injuries caused by a slip or fall on a wet floor without any warning signs left behind by the cleaning contractors.  If an employee is injured while working, there are time limits to sue the third-party tortfeasor for personal injury.  “Tortfeasor” is a term that you should be familiar with if you are planning on filing a third party claim.  A tortfeasor is a person who commits a tort.  A tort is a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.  The most common torts are auto accidents, slips, trips and falls claims.  Many Florida appeals and trial court decisions use the term “tortfeasor.”  Many Florida Statutes also use this term.

How To File A Third Party Liability Law Suit

Florida has a statute that sets a deadline for the amount of time you have to file a lawsuit in civil court against the person or business that you believe is legally at fault for your injury. This law is called a statute of limitations.  Under Florida’s Statute of Limitations for personal injury cases, you have four years from the date of the accident to file a lawsuit in Florida’s civil courts.  The Florida Statute of Limitations for pursuing a Workers Compensation claim is two years from the date of the accident.  The very best way to ensure success when considering filing a Third Party Liability action is to hire a professional and accomplished attorney who specializes in securing the very best levels of compensation and damages for individual injured at work.

Attorney Ala Alikhani has many years experience of defending injured employees in workers compensation cases.  If you were injured on the job or know of someone who was, speak to Mr. Alikhani and his team today at (844) 762-8155.

When you hire the Law Offices of Ala Alikhani, P.A. to represent you, we go to extremes to ensure employers and their insurance companies are held accountable and that you receive the benefits you are entitled to by the law.

Were you injured at work? Contact us for a FREE consultation. We are available throughout all times of the day to discuss your case with you. Our office is fluent in Creole and Spanish.

-FREE CONSULTATION

-No out of pocket fees or costs unless you recover.

-Covering Miami, Fort Lauderdale, West Palm Beach and all throughout the State of Florida.

370 Camino Gardens Blvd., Suite 325
Boca Raton, FL 33432

TOLL FREE: (844) 762-8155

PHONE: (561) 617-1672

workers comp lawyer