When a workplace accident happens, it can bring on not only physical pain, but also confusion about who should bear the cost of medical bills, lost wages, or other damages. Sometimes it’s an employer’s responsibility, while other times a coworker or someone outside the company may be at fault. Knowing who is liable can help you figure out the best path toward getting the support you need for your recovery and financial stability.
Employer Liability
Employers are required by law to maintain a work environment that doesn’t place employees at unnecessary risk. This means following safety rules, providing proper training and equipment, and addressing hazards promptly. Failing to do so can lead to injuries, making the employer potentially liable for any resulting harm.
Workers’ Compensation
In most situations, your employer’s workers’ compensation insurance will cover injuries that happen while you’re doing your job. You generally don’t have to prove fault, meaning you can get medical care and a portion of your wages regardless of who caused the accident. Though it doesn’t always pay for every cost, it can still provide some immediate relief following an injury.
Exceptions to Workers’ Compensation
Even though most workplace injuries are covered by workers’ compensation, there are times when an employee might lose these benefits. For example, if you purposely hurt yourself or were under the influence of drugs or alcohol when the accident happened, you could forfeit your right to claim workers’ comp.
Additionally, if the injury wasn’t tied to your work duties or took place off company property without a clear job-related reason, it will not be covered. In these cases, you can end up with costly medical bills and little assistance, so it’s essential to follow safety guidelines and avoid scenarios that could jeopardize your eligibility. Reach out to our workplace injury attorney in Los Angeles to learn more.
Third-Party Liability
Third-party liability is another exception to workers’ comp that can come into play when someone other than your employer is responsible for a workplace accident. This means you could potentially take legal action against that outside party while still being covered by workers’ compensation. Below are some examples of who might fit this description.
Manufacturers of Faulty Equipment
If a tool or machine malfunctions and causes you harm, the manufacturer, designer, or seller might be responsible. Problems like flawed designs or substandard production can lead to injuries that wouldn’t have happened otherwise. In these cases, you may be able to bring a separate claim against those parties to help cover your medical bills and other losses.
Property Owners or Other Contractors
Sometimes the property where you work is owned or managed by someone who isn’t your employer. If hazards on the site, like broken steps or poorly maintained walkways, caused your accident, the property owner or manager might be liable. Likewise, contractors or subcontractors working nearby could be at fault if their actions or negligence directly contributed to your injuries.
Equipment Maintenance Services
Sometimes a piece of machinery fails because a contracted maintenance crew did incomplete or incorrect work. If these services are handled by an outside company, they could be held responsible if their negligence led to the equipment breaking down and injuring you.
Transportation Companies
If a truck driver or delivery service creates unsafe conditions at a job site that lead to an accident- such as leaving deliveries in hazardous areas – they might be liable for the resulting harm. This can happen when large deliveries aren’t secured properly or are left in walkways, increasing the risk of falls or collisions.
If you believe someone outside of your employer had a hand in your workplace accident, exploring your options for third-party liability can be an important step toward getting the help you need. Contact us today to schedule a free consultation if you need help with a workplace injury claim.