For the attorneys, it’s very important to carefully listen to the client and understand the mechanism of the injury. Only in that way can one make a determination that someone else might be responsible to the client.
For example, if the client explains they were injured while operating a machine and often that’s their regular job, then they are well aware of how the machine works. They can explain the mechanism of the injury and what at least they feel is wrong with the machine. At that point, the attorney will often contact an engineer with experience with that type of machinery to inspect the machine with the client present. They will determine if it was either defectively designed or defectively manufactured.
In a machine case, the manufacturer of the machine part is responsible for any defect in their part that causes an accident. If however, the employer has custom-made that machine to their own specifications, ordinarily, you wouldn’t think that there was any responsibility beyond workers’ comp and the employer. However, an attorney will be able to look at the component parts and their manufacturer. That’s a machine case and there are many different kinds of machines, from automobiles to anything within a factory. A good attorney would have looked at many of those in their experience.
Another situation would simply be a driver of a truck whose job is to deliver things, whether it be a mailman or an employee of a manufacturing company who is delivering products. There could be a motor vehicle accident on the roadway where someone else is responsible and that’s beyond workers’ comp.
The workers’ comp is between the driver and his employer. That’s the first and second party. A third party would be anyone else and in that situation. It would be the other driver who did something where he rear-ended him, crossed the center line, or made a left turn. There is a whole variety of reasons why another driver might be responsible.
Another situation might be that same delivery man who is walking into a property and he falls on an icy walkway that should have been salted and cleared. That land owner has the highest duty of care to a business person who is coming in to make a delivery.
That would be a third party or direct claim against someone other than the employer.
If you need information regarding Third Party Claims In Personal Injury Cases, call the law office of Attorney David Maran for a free initial consultation at (973) 622-5303 and get the information and legal answers you’re seeking.