Additional liability and recovery may exist against other companies in cases first thought to be only a workers’ compensation claim against the employer. In these instances, the party responsible for the injury is not solely the employer. It is important not to overlook the possible pursuit of a personal injury claim against a third party in conjunction with the workers’ compensation claim. The workers’ compensation claim against the employer is not the only pathway to recovery when another party has been negligent.
Crossover, or third-party claims, exist when industrial equipment is defective, which can lead to a product liability case against a manufacturer. These cases arise from defective warehouse vehicles, warehouse storage shelving unities, forklifts, scaffolding, scissor lifts, and an array of industrial tools and machines.
Another common area of crossover comes from an injury sustained at a multi-employer worksite. The situation usually arises when employers from different trades are working at the same site. If an injury results from the negligence of a worker from a different employer, a personal injury claim be pursued against that worker’s employer at the same time as a workers’ compensation claim against the injured worker’s employer.
Anesi Ozmon has for more than 65 years representing injured workers and has pursued third-party liability claims on behalf of our clients and their families.