The Connecticut workers compensation system is predicated on a compromise: workers give up their right to sue their employers for workplace injuries or illnesses and employers agree to pay benefits without a showing of liability. This compromise does not, however, include entities that may be entirely or partially at fault for a workplace accident. Employees are not restricted in any way from seeking damages from parties other than their employers for on-the-job injuries.
These claims are usually called “third party claims” because they involve a party other than the employer and the injured employee. Third party claims often arise in construction accidents, where several parties may be involved in the work. A general contractor usually hires subcontractors, and subcontractors may hire other subcontractors. Occasionally, independent parties are hired to supervise the work.
If, for an example, an employee of a second-level sub-contractor is injured by a scaffold collapse, several parties may be liable: the scaffold manufacturer, the scaffold owner, the company that erected the scaffold, and the company performing the work for which the scaffold was required. An injured employee may then pursue an independent third party claim against any of these parties that is not his employer, in addition to his or her workers’ compensation claim.
Third party claims arise in other situations, as well. An employee injured by a machine may have a third party claim against the machine’s manufacturer. A person injured in a traffic accident that is work-related may have a claim against the driver or owner of the other vehicle.
The Law Offices of Wesley M. Malowitz has years of experience in pursuing third party claims. Our legal team knows how to identify third party claims, conduct effective discovery on those claims, and effectively present those claims in a courtroom. Anyone who has suffered a workplace injury or illness needs competent legal representation if they want to maximize their chances of recovering the compensation they need and deserve. We take pride in our record of success, and encourage those who are looking for a legal advocated to continue to learn more about our services.