Following a workplace accident, most employees are only aware of their right to seek workers’ compensation benefits. Many may not know that they may also be entitled to file a lawsuit against third parties who caused or were partially responsible for the accident that led to their injuries.
What are Third Party Lawsuits?
A third party lawsuit can be brought against any party other than an worker's employer who had a role in causing the accident that caused a worker’s injuries.
Workplace accidents resulting in third party liability claims often take place on construction sites, where multiple subcontractors may be responsible for different parts of the site. For example, if scaffolding collapses and injures a worker, the scaffolding company may be responsible for the resulting injuries. If you have been injured at work and you would like to know your legal options contact an experienced personal injury attorney in Las Vegas today.
Another example would include if you slipped and fell at work because there was no indication that the floor was wet. Your employer’s janitorial service may be liable for your injury if its worker failed to leave a “wet floor” sign nearby.
Can the Employer Be Sued?
Per Nevada law, employers are protected from being sued by their employees. Because they are provided with workers’ compensation, employees cannot also file a personal injury lawsuit against their employer.
This is why a third party lawsuit is often so important. Many times, workers’ compensation does not provide workers with the compensation they need to cover all of their medical costs and other expenses. A third party lawsuit provides workers with the opportunity to seek much-needed additional compensation if another party can be found liable for at least partially causing the accident.
If you have been injured in an accident on-the-job, protect yourself by seeking guidance from an experienced workers’ compensation attorney. Our attorneys will perform a thorough investigation and review all information to determine if a third party may be liable for your injury.
Henness & Haight will help you hold negligent parties responsible for the injuries they have caused you, and we will fight for the justice and compensation you deserve.