Third-party lawsuits in the aftermath of sustaining your work injury are going to be more complicated than typical workers’ compensation claims. That is because these claims are not “no-fault,” and it will be necessary to provide evidence of the other party’s negligence. In order for a third-party work injury lawsuit to proceed, the injury victim and their attorney will need to prove:
- That their injury involved a work-related accident
- The third-party owed them a duty of care
- The third-party breached this duty of care
- The breach of duty caused the victim’s injuries
- The injury victim sustained some sort of monetary loss
In order to prove negligence in these cases, there will likely need to be extensive investigations into what happened. This could include gathering any available photo or video surveillance, statements from eyewitnesses to the incident, accident reports, medical records, and more.