Most employees who are injured on the job will recover compensation through a workers’ compensation claim. There are, however, certain situations in which a third-party caused your work injury and you may pursue legal action against that entity.
Below, our San Jose personal injury attorneys explain how to do so.
Suing a Third-Party for a Work Injury
Not all work injuries are the fault of you and your employer. Sometimes, work injuries can be caused by defective equipment or something else outside of your or your employer’s control.
Situations in which this happens may include, but are not limited to, the following:
- You slipped and fell on a wet floor. One of the most common injuries is slipping and falling on a wet floor. If a janitorial company or another third-party contractor mopped or cleaned a floor in your workplace and did not demarcate it adequately with a warning sign, then the party that mopped the floor may be held liable for any resulting injuries.
- You were injured by heavy equipment. Many employees work with dangerous equipment every day. As such, it’s vital that such equipment operates safely and as intended. If you were injured by heavy machinery that was being operated by a contractor in a negligent manner, then the contractor may be held liable for your injuries. Additionally, your employer may be held liable for contractors’ or employees’ negligence that causes an injury. This is known as “vicarious liability.”
Injured in a Work Accident? Contact Us Today
If you have been injured in a work accident, our San Jose personal injury attorneys can launch an investigation, identify any and all liable parties, and recover the compensation you deserve. Our firm has protected the legal rights of hundreds of clients and we have recovered millions of dollars in damages. Let us put our skills to work for you.
Contact Caputo & Van Der Walde LLP at (800) 900-0863 to schedule a consultation.