Third-party liability refers to the legal liability of a party other than the injured employee or the employer. When an employee is injured on the job due to the negligence or wrongdoing of someone else, that third party may be held legally responsible.
Third-party liability claims allow an injured worker to seek full compensation for medical expenses, lost income, pain and suffering, and other damages. As your Mississippi workers compensation attorney will tell you, workers comp only provides a set amount determined by state law. So, pursuing a third party can potentially result in a larger settlement for the injured employee.
When Can an Injured Worker Sue a Third Party?
If your injury at work was caused or worsened by the negligent actions of another person or company, you may have grounds to file a lawsuit against them to recover damages. You may also have a case if you were hurt by a defective product while at work. The companies that designed, produced, or sold the defective item could potentially be held liable.
Property owners can be found liable if unsafe conditions on their premises lead to injuries. For instance, if you fell at work due to an uneven floor, broken steps, lack of railings or proper lighting, etc., the property owner or lessor could face legal consequences.
However, there are exceptions. In some cases, your employer may be considered at fault for the third party’s actions or conditions, or your injury may be covered under the exclusive remedy provision of workers’ comp. It’s best to consult with a lawyer regarding your specific situation. T
Time Limits for Filing a Third-Party Lawsuit
Under Mississippi’s workers’ compensation laws, there are strict time limits for filing a third-party lawsuit to recover damages. You only have a certain window of opportunity before your right to pursue legal action expires.
As an injured worker, you typically have one year from the date of your work-related accident or injury to notify your employer that the injury occurred. After that initial notice, you have two years to file a petition to contest the Mississippi Workers’ Compensation Commission disputing your claim.
However, the time limit for filing a third-party lawsuit is different. For these claims, you only have one year from the date of injury or accident to file a lawsuit against any third parties that may be liable.
How Third-Party Liability Is Determined
To determine liability in a third-party claim, the court will consider if the at-fault party’s negligence directly caused your injury at work. Negligence occurs when someone fails to exercise reasonable care and caution to prevent harm to others.
If it’s found the third party acted negligently in a way that led to your accident, they may be held liable. On the other hand, if the court finds your negligence contributed to the accident, your claim may be barred or your compensation reduced under Mississippi’s comparative negligence laws.
Role of Comparative Fault in Third-Party Claims
Under Mississippi’s comparative fault rule, if you are partially at fault for an accident, your damages award can be reduced. For example, if you are found 25% at fault, your award may be reduced by 25%. The amount of fault assigned to you depends on your actions leading up to the incident.
The good news is the comparative fault only applies to third-party liability claims, not to your workers comp benefits. So even if you are partially at fault, you can still recover medical and lost wage benefits through workers comp.
For More Information, Reach Out to Mississippi Workers Compensation Lawyers
If you’ve been injured at work in Mississippi, you may be entitled to workers compensation benefits. However, in some cases, a third party outside of your employment may also be liable for your injuries. To pursue a third-party liability claim, you’ll need to file a personal injury lawsuit against the responsible parties.
An experienced Mississippi workers compensation lawyer can review your case, determine if third parties may be liable, and help you pursue compensation. Call our firm today at 601-519-4181 for a free consultation.
