If you are injured working on property owned by a third party, your employer isn’t the only person who is responsible for your financial burden. A third-party premises claim may be necessary to cover other damages you received from your accident.
What is a Third-Party Premises Claim?
A third-party premises claim, for workers’ compensation purposes, occurs when you file a lawsuit for an injury caused by the negligence of the property manager or owner of the site where you were injured. Here are a few examples of how an unsafe premise may lead to your injury:
- There are unmarked dangerous attributes to the property. Potholes, overgrown tree roots and sharp rocks can quietly cause work damages if they are left unattended.
- Dangerous, unspecified working conditions exist throughout the site. Toxic chemicals, faulty wiring, slippery floors and structural damage are a few working conditions that cause injury.
When Should You Pursue a Third-Party Claim?
The key to third-party premises liability law is proving property management negligence. If the owner or manager of the property could have warned you about the problem or fixed it but didn’t, they are liable for your damages.
One other important note: your employer will provide you with workers’ compensation for your injury regardless of the location of the accident. If you win a third-party claim, your employer’s workers’ compensation insurer may file a subrogation lien to recover funds you originally received.
What to Do If You Need to File a Third-Party Negligence Claim
- Document everything. Keeping accurate and detailed documentation is critical for a successful third-party premises claim. Remember, you are trying to prove negligence on the manager or owner’s behalf. It is vital to keep a record of how your injury occurred, conversations you had with the third-party and your expenses.
- Get medical attention. While your injury may not seem inhibiting at first, it is crucial to perform your due diligence and have your body checked for damage. Many workplace injuries worsen over time.
- Take photos or video. Any visual evidence of the accident scene and your visible injuries will be compelling evidence for your case and proving negligence on the part of the property owner.
- Obtain contact information for key witnesses. If others saw the accident occur or know of the safety hazard, they are essential for strengthening your case.
- Talk to a legal expert. It is a top priority to talk with a legal expert to help you navigate through the complexities of a third-party premises liability case. They can give you the advice you need to move forward with your case.
Have you been injured while working on someone else’s property? Contact us today to speak with an expert legal counsel who will help you get the compensation you deserve.
About the Author
When it comes to workers’ compensation cases, Randy Alberhasky has over 25 years of experience. During his legal career he has personally tried over 200 workers’ compensation hearings and jury trials in courts throughout the State of Missouri. Many people who have suffered from a workplace injury and illness are unaware of the legal action they can take to receive the financial compensation that they’re entitled to. The Alberhasky Law Firm, P.C. is proud to help our clients receive the compensation they deserve.