If an employee is injured at work and more than one company or person is involved, a standard work accident claim may not be enough to resolve the legal issues at hand. This is very common in the construction industry, where several trades are carried out on the same construction site. For example, if an employee in one trade (such as the flooring specialist) is involved in the injuries of another employee in another trade (such as the carpenter), the injured party can take legal action. However, an industrial accident claim does not cover certain aspects of the accident and injuries, such as pain and suffering, loss of pleasure, etc. In this case, you will need to file a liability claim.
Another example of a liability claim can be the case that a person whose job is driving a car or who driving is part of their professional duty has an accident while driving during working hours. . Since the injuries were caused at work, it will be an employee compensation case, but since the accident was caused by someone other than the employer, a liability suit will better resolve the legal issue at hand.
What is liability?
To understand what third party liability is, you must first understand the definitions of first and second degree liability.
- First degree liability or insurance cover is a policy that applies to the insured person (first party, ie you). The first degree of liability applies if the insured person is also the person who is at fault.
- The liability in the second degree relates to your employer. In these cases, there is a contractual relationship or an obligation of good faith between the injured party (you) and the other insurer (your employer).
- Liability or liability insurance exists when you (the first party) are injured by a person or company other than your employer (i.e. a third party).
In the cases described above, the injured employee is the first, the third the publisher or the driver who makes the mistake. Since there is liability insurance in both cases, personal injury can be considered.