If you get hurt on the job in Oklahoma, you may have the right to file a workers’ compensation claim and receive no-fault benefits for medical care, a portion of your lost wages, and certain other losses. However, there are situations where you could also bring lawsuits against third parties who played a part in causing your injury.
For example, if you suffered a workplace injury because of a faulty machine, you might be able to sue the company that manufactured it. Similarly, if another driver caused a car accident that injured you while on the job, you could file a lawsuit against that driver.
A successful third-party lawsuit could provide you with additional compensation not available through workers’ comp alone.
What Are Third-Party Lawsuits?
A third-party lawsuit is a type of legal action you can take against someone other than your employer who is responsible for your work injury. It could be an option if a third party—that is, someone who is not your employer or a fellow employee—caused the accident that harmed you.
For instance, if another company’s employee created a hazardous situation on a job site that resulted in your injury, you could have grounds to sue that company. A third-party claim allows you to seek additional compensation for your pain and suffering, lost wages, medical expenses, and other losses beyond what workers’ compensation will cover.
Examples of Third-Party Injury Claims
Here are some common types of third-party claims related to workplace injuries:
- Motor Vehicle Accident Claims: Workers who sustain injuries in car accidents while performing their job duties can file insurance claims or lawsuits against at-fault drivers.
- Product Liability Claims: Product liability claims aim to hold manufacturers responsible for producing unsafe products. For example, if construction workers get hurt on the job because of a defective tool or machine, they could sue the manufacturer of that product.
- Premises Liability Claims: If a worker suffers an injury due to unsafe conditions on someone else’s property, they can file a premises liability claim against that person. For example, a delivery worker who slips and falls because of a poorly maintained walkway might be able to file a claim against the property’s owner or occupier.
How Injured Workers Can Prove Third-Party Liability
Workers’ compensation is a no-fault insurance system, which means you do not have to prove that someone else was to blame for your injuries to access your benefits. On the other hand, holding a third party liable through a lawsuit requires you to prove that they are to blame for your injuries. To do so, you’ll need evidence like:
- Accident/incident reports
- Witness statements
- Photos of the accident site
- Photos of injuries
- Video surveillance footage
- Product manuals and warnings
- Expert testimony
- Safety inspection reports
- Maintenance records
- Employee training records
- Email and communication records
- Toxicology reports
Contact Ryan Bisher Ryan & Simons for a Free Consultation
If you have suffered injuries in a workplace accident in Oklahoma and believe a third party is to blame, don’t wait to get help. Contact Ryan Bisher Ryan & Simons today for a free initial case review about a potential third-party liability claim. Our team is ready to listen to your story, explain your options, and demand fair compensation on your behalf.
This post was originally published in October 2016 and has been updated for accuracy and comprehensiveness in May 2024.
We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.
