With decades of experience handling industrial accident cases, we’re here to help you.
A foundry can be a dangerous place, especially for people who don’t normally work in them. It’s all too common for an outside contractor to be hired in a factory or foundry and end up injured on the job. Industrial accidents require immediate action, and our experienced industrial accident lawyers are ready to investigate and gather evidence to support your legal case to be sure you get properly compensated for your injuries, lost wages, and pain and suffering.
An industrial accident can leave workers with serious injuries that disrupt their ability to work and live. Wisconsin was a pioneer in protecting workers’ rights by enacting the nation’s first constitutionally upheld workers’ compensation law in 1911, which established a no-fault system providing medical and wage-loss benefits. However, workers’ compensation is limited in scope and does not allow employees to sue their employer or recover damages like pain and suffering. In cases where a third party—such as a contractor, subcontractor, or equipment manufacturer—is responsible for the injury, workers can file a third-party liability claim. This type of lawsuit provides an opportunity to seek additional compensation for medical expenses, lost wages, emotional distress, and other damages not covered by workers’ compensation.
What is a Third Party Lawsuit?
A third-party lawsuit arises when someone other than the employer, such as a contractor, subcontractor, equipment manufacturer, or product supplier, is found to be at fault for a worker’s injury. While workers’ compensation covers medical costs and some lost wages, it doesn’t allow an employee to sue their employer. On the other hand, third-party liability claims enable workers to seek compensation from those responsible for the accident, whether through negligence or faulty products.
The key difference between workers’ compensation and a third-party lawsuit lies in the fact that, in a third-party case, the worker can sue outside parties that played a role in causing the injury. For example, a subcontractor might be held accountable if their unsafe practices led to an accident, or a product manufacturer could be held liable if faulty equipment caused harm.
Common Third-Party Liability Accidents in Industrial Settings
Industrial environments, such as construction sites or factories, often involve many different contractors and vendors. In these complex settings, third-party involvement is common, and injuries can happen in various ways.
Construction Site Accidents: If a subcontractor’s negligence causes an injury—such as using faulty scaffolding or improperly securing equipment—they can be held accountable in a third-party lawsuit.
Equipment Malfunction: Injuries caused by defective equipment, tools, or machinery are often the responsibility of the manufacturer or supplier.
Falling Objects: Improper safety practices by a subcontractor or contractor can lead to dangerous situations where items fall and cause injury to workers.
Workplace Contamination: Exposure to harmful chemicals or inadequate ventilation systems can lead to severe health issues. Third-party contractors responsible for safety measures or contamination prevention may be held liable.
Vehicle and Transportation Accidents: Heavy machinery accidents or negligent driving by third-party transport vehicles on industrial sites can cause significant harm.
Defective Construction Materials: If materials supplied by third-party vendors, such as steel or concrete, are substandard, they can lead to structural failures and injuries.
Third-Party Lawsuits – Types of Compensation
Third-party lawsuits often yield more substantial compensation compared to workers’ compensation claims. Here’s an overview of the types of damages that may be sought:
Economic Damages
- Medical Expenses: Coverage for current and future medical bills related to the injury.
- Lost Wages: Compensation for income lost during recovery.
- Loss of Earning Capacity: If an injury affects a person’s ability to work in the future, compensation can be sought for the reduced earning potential.
Non-Economic Damages
- Pain and Suffering: For physical pain and emotional distress caused by the injury.
- Loss of Consortium: Compensation to the spouse for loss of companionship or the marital relationship.
- Emotional Distress: Coverage for the psychological impact of the accident, such as anxiety or PTSD.
Punitive Damages
If the third party intentionally disregarded the safety of another or was intentionally harmful, punitive damages may be awarded to punish the wrongdoer and deter similar behavior.
Reimbursement for Property Damage
If personal property was damaged during the accident, such as clothing or tools, this can be reimbursed as part of the claim.
Economic Damages
- Medical Expenses: Coverage for past, current, and future medical bills related to the injury, including hospital stays, surgeries, therapy, and medication.
- Lost Wages: Reimbursement for income lost during recovery.
- Loss of Earning Capacity: Compensation for reduced ability to earn income in the future due to permanent injury or disability.
Non-Economic Damages
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury.
- Loss of Consortium: Damages awarded to the injured person’s spouse for loss of companionship or marital relationship.
- Emotional Distress: Compensation for psychological impacts, such as anxiety, depression, or PTSD resulting from the accident.
Punitive Damages
- In cases where the third party acted with intentional disregard or willful misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior.
Reimbursement for Property Damage
- If personal property (e.g., tools, clothing) was damaged in the accident, reimbursement may be included.
Special Damages
- Out-of-Pocket Costs: Reimbursement for expenses like transportation to medical appointments or hiring in-home care.
How Third-Party Liability Claims Work
To pursue a third-party lawsuit, a worker must prove that the third party’s negligence directly caused their injury. This is a key distinction from workers’ compensation, which operates on a no-fault basis and does not require proving negligence. In a third-party liability claim, the burden of proof lies with the injured worker, and the process involves several important steps:
- Filing a Claim: The first step is filing a lawsuit against the negligent third party. This process requires gathering compelling evidence, such as witness testimony, expert opinions, accident reports, and medical documentation that demonstrates how the third party’s actions or inactions contributed to the injury.
- Proving Negligence: Unlike workers’ compensation claims, third-party lawsuits require the injured worker to prove that the third party acted negligently. This involves showing that the third party had a duty of care, failed to uphold that duty, and caused the injury as a direct result of their negligence.
- Compensation Possibilities: Successful third-party claims can lead to a broader range of compensation than workers’ compensation. Workers may recover economic damages like medical expenses, lost wages, and future care needs, as well as non-economic damages, including pain and suffering, emotional distress, and loss of consortium. In cases of gross negligence or willful misconduct, punitive damages may also be awarded.
Why Choose Murphy & Prachthauser for Your Third-Party Liability Claim?
When it comes to complex third-party industrial accident claims, Murphy & Prachthauser stands out for its unmatched expertise and dedication to securing the best outcomes for injured workers. Unlike workers’ compensation claims that focus solely on the employer, our firm specializes in pursuing negligent third parties, such as contractors, subcontractors, and equipment manufacturers, to ensure you receive the full compensation you deserve. With decades of experience and a proven track record of success, we are committed to guiding you through every step of the legal process.
- Proven Experience: We have extensive experience handling third-party liability claims, navigating the complexities of industrial accident cases with skill and precision.
- Personalized Legal Strategies: Every case is unique, and we craft tailored strategies to hold third-party contractors, manufacturers, and other negligent entities accountable for their actions.
- Maximized Compensation: Our team is dedicated to helping you recover the full range of damages, going beyond workers’ compensation to secure the financial support you need for medical expenses, lost wages, and more.
At Murphy & Prachthauser, we understand the challenges you face after an industrial accident. Let us put our expertise to work for you and fight for the compensation you deserve.
Examples of Successful Third-Party Lawsuits in Industrial Accidents
Murphy & Prachthauser has a history of successfully representing clients in complex third-party liability cases. For example, we secured significant compensation for a construction worker injured due to faulty scaffolding supplied by a subcontractor, as well as a factory worker harmed by defective machinery manufactured by a third-party vendor. In another case, we helped a client recover damages after a third-party contractor’s failure to implement proper safety measures led to a serious fall. These outcomes highlight our commitment to holding negligent third parties accountable and achieving the best possible results for our clients.