Can You Sue a Third Party For Damages?
In Wisconsin, workers cannot sue their employers for workplace injuries. That doesn’t mean, however, that workers who suffer on-the-job injuries cannot sue for compensation. In cases where another party (such as a contractor or subcontractor) can be held responsible for a workplace accident, injured workers can sue the responsible party for damages instead.
For instance, if a worker is injured due to a piece of malfunctioning equipment, that injured worker could sue the equipment manufacturer. Likewise, if a truck driver is rear-ended by another driver while working, the injured driver could sue the driver who hit him.
Building Third Party Negligence Cases for Workplace Accidents
Even if a workplace accident results in serious injury or death, most employees and their survivors are limited to the amount of compensation and/or disability benefits they can receive by the amount stipulated by workers’ compensation. These disability benefits are not only limited, they don’t compensate for suffering, pain or any of the profound personal losses that can accompany the chronic pain and prolonged illnesses which workplace injuries can result in.
The Milwaukee workplace injury attorney Karl Gebhard of Gebhard Law Office investigates workplace injury claims with an eye on the cause of the injury. That way, he can determine if there is a viable and actionable claim that can be made for:
Product liability. Manufacturers, designers and/or distributors of machinery, tools, equipment, vehicles and materials can be held responsible if said machinery and tools are involved in an accident and are found to be defective.
Negligence. Property owners, contractors and non-employees can be held responsible if they are found to be the cause of the accident (such as by using unsafe work practices, working with volatile chemicals, improperly assembling or using equipment, or ignoring OSHA safety violations).
Wisconsin Laws for Workplace Injuries
In Wisconsin, the statute of limitations for workplace injuries requires that workplace accidents must be reported to the employer within two years of the date of the accident. If, however, the employer already knew or should have known about the workplace injury, the statute of limitations for making a claim is extended to 12 years.
To successfully get full and fair compensation for workplace injuries, it is vital that injured workers contact a qualified Milwaukee workplace injury attorney as soon as possible. This enables the attorney to gather, preserve and inspect evidence, as well as to interview witnesses to build the injured worker’s claim.
Milwaukee Workplace Injury Attorneys for Personal Injury Litigation
Gebhard Law Office of Milwaukee, Wisconsin represents injured workers in third party claims in personal injury litigation. Karl Gebhard is a Milwaukee workplace injury attorney with a proven record of successfully litigating cases for workplace injuries and fighting for full and fair compensation for cases of serious on-the-job injury and wrongful death.
For a free consultation concerning a workplace injury or workplace accident, call the Milwaukee workplace injury lawyer Karl Gebhard at 1-888-629-0999.