Third-Party Liability in Workplace Injury Cases 

Workplace injuries are a common occurrence in Nebraska, with over 17,100 non-fatal cases reported in 2023 alone, according to a US Bureau of Labor Statistics report. While workplace injuries can range from minor to serious, any type of injury can disrupt a person’s way of life. 

If you have suffered a workplace injury or illness, you are not alone. The law firm at Hauptman, O’Brien, Wolf & Lathrop, LLC, is here to help injured Nebraskans recover the compensation they deserve. Depending on the circumstances of your injury, you may be entitled to receive workers’ comp as well as additional compensation through a third-party liability lawsuit. 

A free consultation with our firm can help you better understand the legal options available to you and your family. Call us today at 402-241-5020 or fill out our online form to see if you have a case.

Workplace Injury Laws in Nebraska

Workplace injuries are different from other forms of personal injuries. For example, if you slip and fall while shopping at a store, you could sue the store for damages and may be entitled to full compensation for your losses. This would include all past, current, and future medical bills, lost wages, and even compensation for your emotional damages. 

However, if you slip and fall while working at the store, your options are limited. Instead of being able to sue for full compensation for your losses, you would be restricted to filing for compensation through workers’ compensation. 

The laws regarding eligibility and compensation are different when recovering compensation through workers’ comp and a third-party liability lawsuit. 

Types of Third-Party Liability in Workplace Injury Cases

Workers’ compensation was designed as a “catch-all” insurance to protect workers who are injured on the job. Normally, these benefits are exclusive, meaning that you aren’t able to pursue a liability lawsuit to get additional compensation if you are eligible for workers’ comp benefits. 

Despite the exclusivity of workers’ comp, there are circumstances where a third party was responsible for the injuries. For example, it could be someone other than the employer or a fellow employee. In such situations, a third-party lawsuit may be possible, allowing the injury victim to recover additional compensation above and beyond what workers’ comp offers. 

A free consultation with an experienced workplace injury lawyer can help you understand what options are available to you depending on the specific circumstances of your potential case. 

Injured in a Car Accident While Working

If a person is injured in a car accident while working, workers’ compensation provides compensation for the injuries. This includes accidents that occur while actively working, running errands for your employer, traveling to a worksite or meeting, or performing other actions part of your job duties. 

As mentioned, workers’ compensation benefits are available no matter who was responsible. However, if the accident was caused by a third party, such as another driver, a personal injury lawsuit may be possible. 

For example, a mail carrier is involved in a car accident while out delivering mail for his employer. In between stops, he is struck by a vehicle that failed to stop at a red light. 

Workers’ comp will provide benefits for his or her injuries, since he or she was injured while working. However, since the other driver was at fault, the mail carrier could seek additional compensation through a personal injury lawsuit against the other driver. 

Injured by a Worker From Another Company

In most cases, a person who is injured due to a fellow coworker’s negligence is unable to recover compensation through a lawsuit. However, the circumstances are different if the worker is injured by someone who works for a different company. 

For example, several independent contractors are working side by side on a large building renovation project. Worker A, who is employed by Company A, is installing the light fixtures. Worker B, who is employed by Company B, is in the same building, installing the flooring. 

If Worker A is injured due to Worker B’s negligence, he or she is eligible for workers’ compensation benefits because he was injured while at work. However, he may also be able to recover additional compensation through a lawsuit against Worker B’s employer. 

Injured Because of Defective Equipment

Sometimes, faulty or defective equipment is to blame for a workplace injury. The flaw can be in the design of the product itself, making it unsafe for use. Or there could be negligence in the manufacturing of the product, which led to a safety risk. 

Suppose a worker is injured on the job because a design flaw or manufacturing error caused a safety device to fail. He or she would be able to pursue a third-party liability lawsuit to recover full compensation for his or her losses. 

The Differences Between Workers’ Compensation and Third-Party Liability Lawsuits

Both workers’ compensation and liability lawsuits have the same main goal: to compensate an injury victim for his or her losses. Despite the similarities, there are some major differences, especially regarding eligibility, compensation, and deadlines. 

The Differences in Eligibility

Fault, or liability, is an important factor in personal injury lawsuits. For example, if you were driving a vehicle and failed to stop at a stop sign and hit another vehicle, you generally would not be able to file a lawsuit against the other driver for compensation, because you were at fault for the collision. 

In workplace compensation cases, however, fault is not usually a factor in recovering compensation. In most cases, a worker can still receive compensation even if his or her own negligence led to the injuries. Some rare exceptions include when a person is willfully reckless or intoxicated while working.

The Differences in Compensation

Another key difference between workers’ comp and a third-party lawsuit is the amount and type of compensation available. 

Workers’ comp benefits include:

• Medical benefits: Workers’ comp insurance is required to pay for all medical expenses related to the injury. This includes prescribed medications, prosthetic or mobility devices, and hospital or therapy costs.
• Indemnity benefits: These benefits cover time missed from work due to the injury. The amount a person can receive will depend on the type of disability (partial or total) and the extent of the disability (temporary or permanent). The amount of coverage is subject to minimum and maximum rates determined by the Nebraska Workers’ Compensation Court.
• Return-to-work services: Workers’ comp benefits may include vocational rehabilitation to help an injured worker return to the workforce. This can involve services such as job placement assistance or formal training, such as additional schooling. 

Like workers’ comp, compensation through a personal injury lawsuit also covers all medical expenses related to the injury. However, many losses can be recovered through a third-party lawsuit that are not available through workers’ comp. 

A third-party lawsuit can recover additional compensation, such as:

• Total lost wages and loss of earning capacity: Workers’ comp benefits are limited. As mentioned above, the amount of benefits available is subject to limits and is often only a percentage of the victim’s normal pay. However, in a third-party lawsuit, full compensation for all lost wages and earning capacity can be pursued. 
• Loss of companionship: In many cases, the spouse of an injury victim suffers losses as well. Depending on the circumstances, a third-party injury lawsuit can recover compensation for loss of companionship for the uninjured spouse. 
• Emotional damages: In addition to the physical impact of a workplace injury, there is often emotional and mental damage as well. While compensation for these losses is not available through workers’ comp, they can be pursued as part of a third-party lawsuit.

The Differences in Deadlines

Workers’ compensation laws outline two specific deadlines that are crucial for a successful case. The notification deadline is when the injured worker must report his or her injury to the employer as soon as possible, ideally immediately following the injury. Then, the employer must file a First Report of Alleged Occupational Injury or Illness with the Nebraska Workers’ Compensation Court within 10 days. 

The filing deadline is the legal time limit for an injured worker to file a workers’ compensation claim. This is 2 years from the date of injury. 

However, third-party personal injury cases are not subject to the same deadlines. An injury victim may have a longer time limit for the third-party claim.

Certain factors can adjust the filing deadlines for both workers’ compensation and third-party lawsuits. Consulting a workplace injury lawyer can help you better understand the filing deadlines applicable in your case. 

Call Hauptman, O’Brien, Wolf & Lathrop, LLC, Today

If you have been injured at work, seeking workers’ compensation benefits is a crucial first step to move forward. These benefits are in place to protect workers and help them get back on their feet when injured on the job. 

However, while workers’ comp benefits are helpful, they are limited. If your injuries were caused by a third party, you deserve full compensation for your losses. To make sure you get the compensation you lawfully deserve, you need an experienced law firm on your side. 

Whether you are ready to hire a firm to represent your interests or you’re just not sure whether you have a case or not, the work injury lawyers at Hauptman, O’Brien, Wolf & Lathrop are here for you. We offer a free case review to help injury victims understand their options and plan out their next steps.

We have offices in Omaha, Sarpy County, and Council Bluffs to better serve our clients. Contact us today at 402-241-5020 or fill out our online form and see how we can put our experience to work for you and your family.