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Personal Injury Blog No matter what challenge you’re up against, we help you put the right stone in your sling to defeat your Goliath. We’re ready to hear from you 24 hours a day, seven days a week, because we know that accidents can take place at any time, and we’re passionate about helping those who have suffered injuries at the hands of other people.

When Workers' Compensation Isn't Enough: Third-Party Liability Claim

Under West Virginia law, the general legal principle is that workers’ compensation is the exclusive legal remedy for workplace injuries–as far as your employer is concerned. The fact that your employer followed state law and purchased workers’ compensation insurance renders them immune from lawsuits under most circumstances.

You can only sue your employer in very limited situations. For example, you might file a lawsuit against the employer if they had a deliberate intent to harm you, which includes knowingly exposing you to conditions where certain safety measures were removed and they knew you could have been injured.

If you wish to file a personal injury lawsuit for your workplace injuries, it will usually be against someone other than your employer. Never wait to discuss the possibility of a third-party claim with a workplace injury attorney.

You May Get More Compensation Through a Personal Injury Lawsuit

You have every financial incentive to file a personal injury lawsuit. Although workers’ compensation acts as a safety net, it also means that you generally receive less money for your injuries. Workers’ compensation benefits primarily entitle you to coverage for your medical care and a portion of your lost wages up to the limit set by West Virginia law. You are not allowed to seek any benefits to cover pain and suffering and any other non-economic losses you have sustained through workers’ comp. Thus, the amount of your financial recovery is limited.

Third Parties Can Be Liable in Personal Injury Lawsuits

In certain circumstances, you may file a lawsuit against someone other than your employer who was responsible for your injury. The defendant must be a third party. The legal concept is that a third party owes you a duty of care according to their relationship with you. Your legal relationship with a third party differs from that with your employer, who is largely immune from lawsuits because they purchased workers’ compensation insurance.

When you have suffered an injury on the job, a personal injury attorney will review the facts of your situation to determine whether there is someone else who you can sue. Depending on how your injuries happened, there are several types of third-party lawsuits you may be able to file, and there can even be more than one defendant in your lawsuit.

Potentially Responsible Third Parties for Your Workplace Injury

Third-party defendants in your personal injury lawsuit can include:

Our firm can investigate the cause of your injuries and identify any liable third parties, as well as the cause of action for the lawsuit.

How to Prove and Win a Workplace Injury Lawsuit

Product liability lawsuits are different because you need to prove a product defect instead of negligence (although negligence is a potential legal theory in these cases). You need to prove the following to win a workplace injury lawsuit:

You must provide evidence of negligence to meet your burden of proof. You need to show by a preponderance of the evidence that someone else acted wrongfully. Your personal injury attorney will work to gather this evidence for your case.

You Can Still File for Workers’ Compensation

In the meantime, you can still claim workers’ compensation benefits. You do not have to prove any fault to qualify for these benefits. All you need to do is show that you suffered a job-related injury. You can continue to be paid benefits while your lawsuit is pending. If you receive a settlement or jury award, the workers’ compensation insurance company might seek repayment of your benefits from your financial recovery. If you do not win your case, you can keep the money you have already received and continue to receive benefits as long as you are eligible under the law.

Contact a Morgantown Personal Injury Attorney Today

If you have a job-related injury, a personal injury attorney at The Desai Law Firm can review your case to determine whether you can sue a third party for your injuries. You should call us as soon as possible after your injury at (304) 974-1974 or visit our website to speak with a personal injury lawyer. You never pay us anything unless you receive money for your workplace injuries.