If you’ve suffered a work-related injury, it’s important to be aware that your case may involve more than just workers’ compensation benefits. In some situations, you may have the grounds to pursue a third-party liability claim. At Hayber, McKenna & Dinsmore, we specialize in handling these complex cases, providing expert legal representation to individuals in Connecticut and Massachusetts.

What Is Third-Party Liability in Work Injury Cases?

Third-party liability refers to a situation where someone other than your employer or a co-worker is responsible for your work-related injury. This could involve a negligent driver, a manufacturer of defective equipment, a property owner, or any other party whose actions or negligence contributed to your injury. In such cases, you may have the right to seek compensation beyond what workers’ compensation provides.

Common examples of third-party liability in work injury cases include:

Navigating the complexities of workers’ compensation laws can be overwhelming, especially when you are dealing with the physical, emotional, and financial aftermath of a work-related injury. Hiring a skilled work injury lawyer can provide you with several advantages, including:

Auto Accidents: If you were injured in a car accident caused by a negligent third party while driving for work purposes, you may have grounds for a third-party liability claim. This can include accidents involving other drivers, pedestrians, or even defective road conditions.
Negligence by Independent Contractors: In some work settings, independent contractors or subcontractors may be responsible for maintaining a safe environment. If their negligence contributes to your work injury, you may have a viable third-party liability claim.
Premises Liability: If you were injured on someone else’s property while performing work duties, in a slip and fall accident, the property owner or occupier may be held liable for your injuries under premises liability laws.
Negotiating with Insurance Companies: Dealing with insurance companies can be challenging, as they often prioritize their own interests. Our work injury lawyers are skilled negotiators who will advocate for your rights, seeking fair compensation for your medical expenses, lost wages, rehabilitation costs, and more.

Frequently Asked Questions about Third-Party Liability Claims

How does pursuing a third-party liability claim affect my workers’ compensation case?

Pursuing a third-party liability claim does not jeopardize your workers’ compensation benefits. Workers’ compensation is designed to provide basic coverage for work-related injuries, while a third-party liability claim allows you to seek additional compensation from responsible parties. It’s important to work with an experienced attorney who can guide you through both processes seamlessly.

Are there specific laws in Massachusetts and Connecticut that apply to third-party liability claims?

Yes, Massachusetts and Connecticut have laws that govern third-party liability claims. In Massachusetts, the comparative negligence rule applies, which means that your compensation may be reduced if you are found partially responsible for the accident.

In Connecticut, the doctrine of contributory negligence applies, where you may be barred from recovering compensation if you are found even slightly at fault. Consulting with an attorney is crucial to understanding how these laws may affect your case.

How long do I have to file a third-party liability claim?

The statute of limitations for third-party liability claims varies in Massachusetts and Connecticut. In Massachusetts, you generally have three years from the date of the injury to file a claim. In Connecticut, the time limit is generally two years. However, it’s important to consult with an attorney as soon as possible to ensure you meet all necessary deadlines.

How does third-party liability affect my work injury case?

If a third party is found liable for your work-related injury, you may be entitled to additional compensation beyond what workers’ compensation offers. This can include damages for pain and suffering, lost earning capacity, medical expenses not covered by workers’ compensation, and more.

What laws apply to third-party liability claims in Connecticut and Massachusetts?

In Connecticut, third-party liability claims are subject to the principles of negligence law. To establish liability, you must show that the third party owed you a duty of care, breached that duty, and caused your injury. Massachusetts follows a similar framework, where negligence must be proven to hold a third party accountable for your work-related injury.

Can I pursue both workers’ compensation and a third-party liability claim?

Yes, in most cases, you can pursue both avenues simultaneously. Workers’ compensation provides benefits regardless of fault, while a third-party liability claim seeks to hold a negligent party responsible for their actions. It’s crucial to work with an experienced attorney who can navigate the complexities of both claims and maximize your overall compensation.

What types of damages can I recover in a third-party liability claim?

If successful in your third-party liability claim, you may be eligible for various damages, including:

Medical expenses: Compensation for past and future medical treatment related to your work injury.
Lost wages: Recovery for income lost due to missed work or reduced earning capacity caused by the injury.
Pain and suffering: Damages awarded for physical and emotional pain experienced as a result of the injury.
Rehabilitation costs: Coverage for expenses related to physical therapy, occupational therapy, or vocational rehabilitation.

How can an attorney help with my third-party liability claim?

An experienced work injury attorney is essential in building a strong third-party liability claim. They will investigate the circumstances surrounding your injury, gather evidence, interview witnesses, consult with experts if necessary, and negotiate with the at-fault party’s insurance company. If a fair settlement cannot be reached, they will advocate for your rights in court.

Consult Our Experienced Third-Party Liability Lawyers Today

If you believe a third party may be liable for your work-related injury, don’t hesitate to seek legal guidance. Contact Hayber, McKenna & Dinsmore today by calling (860) 522-8888 or visiting our website or fill out an online form. Our skilled attorneys have extensive experience handling third-party liability claims in Connecticut and Massachusetts.

Remember, understanding your rights and options is crucial in pursuing the full compensation you deserve. Reach out to us today to discuss your case in detail and explore the best legal strategies to protect your interests.

Third-Party Liability Attorneyin Connecticut and Massachusetts