Work place injuries happen all too often. Most workers’ compensation situations should be examined to determine if there is a case for a Third Party Liability claim. This is a complicated area. You need an experienced lawyer working on your behalf. Prompt investigation is key and adhering to the strict guidelines is a must — you could jeopardize your claim if the procedures are not followed.
Our Minnesota Third Party Liability Attorneys have handled hundreds of third party claims, including a recent 1.9 million dollar verdict. Steve Terry, Chuck Slane, Rich Ruohonen, and Nate Bjerke are dedicated, dynamic attorneys who have been named Super Lawyers many times by Minnesota Law & Politics. Call 612-TSR-TIME or submit our free consultation form.
What Is A Third Party Liability Claim?
If you are hurt at work, you do NOT have the right to sue your employer. Your only recourse is a workers’ compensation claim. However, if the accident was caused by someone not employed by your employer or at a location other than your place of employment; then you could bring a third party liability claim against that person or company. For example:
The wife of a garbage truck driver, who had been killed on the job, hired partner Chuck Slane to investigate the tragic incident to see if there was basis for a third party liability claim.
Her husband was found dead in the truck’s trash container and the engine of the truck was still running. He had been employed for years with the company and had a reputation for working safely. The trash company claimed that the driver was negligent to get into the container. The manufacturer claimed that there were no design defects in the truck.
After investigation, it was found that the truck had been altered. The part of the truck that holds the trash is called the “container” it had partitions to separate parts of the container. The lid of the container opened as trash was emptied into the truck. A steel plate was welded to the underside of the lid as an extension of the partition. (see photo below) The extension jammed into the partition as the lid was closed. Decedent attempted to unjam the situation when the lid suddenly came down trapping him. The decedent was the garbage truck driver.
Two third party claims were filed. The first claim was filed against the company that had altered the lid without posting warnings about the steel plate. The second claim was filed against the truck manufacturer because the safety switch on the closing mechanism failed.
Both claims were settled very favorably for the surviving wife.
Some scenarios that may qualify for a third party liability claim:
- injured at a construction site where multiple companies are working
- injured on the job while working on property belonging to someone other than your employer
- injured at work due to a defective product or piece of equipment
- vehicle accident while performing your job
- injured on the job by a worker employed by another company
Possibilities for Liable Parties in Third Party Claims
- Driver of the vehicle involved in the work-related accident
- Owner of the vehicle, if other than employer
- Property owner, if other than employer
- Manufacturer of the product/equipment
- Landlord of property
- Electric company
- Fuel company
- Propane company
- Cable company
Aspects of a Third Party Claim
When you contact an attorney, you will need all of the information about the case. You need to identify and name the people involved, the owner of the property, and / or the manufacturer of the machinery. Statements will have to be taken from everyone. Fault will have to be assessed. You will have to give a thorough account of how you have been injured and specify any additional damages. All of this has to be done in a timely manner, because the statute of limitations on a third party claim is two years.
Minnesota Third Party Liability Attorney
Our Minnesota Third Party Liability Attorneys are skilled, ethical litigators who will work aggressively to win compensation for your injuries. Call 612-TSR-TIME today.