Is Your Workplace Injury the Fault of a Third Party and Not Your Employer?

Third Party Work Place Injury

A workplace injury refers to any injury sustained whilst in the course of employment. Injuries may occur in the environment of the workplace or as a direct result of the work being undertaken. This broad definition means that workplace injuries can occur under all kinds of circumstances and environments, from construction sites to classrooms. Commonly, an injured employee will look to their employer as the negligent party, but in some cases an employer may not be to blame.

Over the course of employment it’s likely that an employee will interact or even work alongside other businesses and their employees. For example, a construction company and it’s employees may work on a project with a third party concreting business or a gym employee may be injured by equipment that is serviced by an external company. When a worker is injured as a result of the actions or negligence of this entity, that entity may be held liable and the injured worker is eligible to make a claim. This is called a Civil Liability Act claim.

A common example is a worker who is employed by a labor-hire company and sent to work for an entity who is known as the host employer. If they are injured whilst working for the host employer they may have a claim.

Civil Liability Act Claims

These claims are not limited by the rules that apply when an employee brings a claim against their employer. Non-employer negligence claims are not:

  • limited by the need to have a minimum whole person impairment of 15%
  • confined to physical injuries (can include psychological injuries)
  • restricted in the damages that can be awarded

Unlike claims brought against an employer, where damages are only awarded for loss of income, damages awarded in claims against a third party can include future medical expenses, gratuitous care and general damages for pain and suffering.

Making a Claim Against a Non-Employer

In order to be successful in such a claim, the claimant will need to prove:

  • the third party owed them a duty of care
  • that duty of care was breached
  • the claimant suffered injury and loss as a result

In some cases, both the employer and third party may be at fault. In these situations, separate claims should be made against each as different rules will apply. A court will determine each party’s level of liability.

If you’ve been injured as a result of a third party while at work, you may be entitled to compensation. At Taylor & Scott Lawyers we’re committed to seeing our clients receive a fair outcome when they have suffered as a result of someone else’s negligence. In many cases we’ll act for you on our no win/no fee basis. We offer a free case assessment for all negligence claims. Use our contact form to arrange a meeting or call us on 1800 600 664.

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