Third-Party Negligence: When Non-Employer Parties Are Responsible

If you are a power lineman and have been injured on the job, the first recourse is usually to file a workers’ compensation claim that covers things like medical care and partial wage replacement. This isn’t always the best and most appropriate route, however. If third-party negligence was fully or partially responsible for your workplace injury, you can pursue a civil case for negligence. 

When Non-Employer Parties Are Responsible for Your Injuries

Power lineman positions are some of the most hazardous in the industry because workers are required to deal with high-voltage electrical currents, work from heights, and operate in harsh elements. When you are injured on the job as a power lineman, you might think your only recourse is to look to your employer for assistance through workers’ compensation benefits. This isn’t necessarily the case. There are several other parties who may also be responsible for your injuries. 

Contractors or Subcontractors

Many workplaces use contractors, subcontractors, and suppliers to get projects done. This is particularly common on construction sites, in oil and gas projects, and throughout several other industries. If one of these entities causes a workplace injury, they could be held accountable. 

Product Makers

Work-related accidents and injuries are often caused by dangerous or defective products. This is especially true in situations where large pieces of equipment, like bucket trucks or cranes, are used. When a faulty product causes an industrial injury, the injured worker can file a product liability claim against the product designer, manufacturer, or distributor. 

Vehicle Drivers

Those who work in the utility industry are often required to travel throughout their service area to install, service, or repair utility lines, sometimes in the dark or in inclement weather. Motor vehicle accidents with other drivers are not uncommon. If the other driver was at fault and they are not connected with the employer, the injured worker can pursue a personal injury claim. 

Property Owners

Property owners have a legal responsibility to fix known hazards or warn workers about them. If a power lineman is doing work on someone else’s property and a known hazard causes an injury, the property owner could be found negligent and held responsible for damages. 

Types of Damages Available Through a Third-Party Claim

A third-party case is a type of personal injury claim that allows someone who was injured through no fault of their own to recover just damages beyond what would be available through workers’ compensation. By filing a civil case, you can claim damages that pay for your medical bills, lost wages and lost earning capacity. You can also claim pain and suffering, diminished quality of life, and emotional distress. In rare cases where the responsible party’s actions were especially egregious, you may be able to claim punitive damages. 

Building a Case to Prove Third-Party Negligence

To pursue and win a case for financial compensation against a third party, you must be able to prove negligence, which has four essential requirement

• Duty of care — The at-fault party has a responsibility to act in a safe manner and take reasonable actions to prevent harm to others. 
• Breach of duty — The at-fault party failed in their duty to protect the injured party from harm. 
• Causation — The at-fault party’s actions or failure to act was the cause of the injured worker’s accident and injuries. 
• Damages — The accident caused the injured worker to suffer financial losses and expenses. 

Proving negligence on your own can be challenging. When you file a personal injury case, you have the burden of proof, meaning you must submit evidence illustrating what happened, showing how fault rests with the defendant, and outlining how you have been harmed. Some of the evidence used to prevail in these cases includes:

• Medical records
• Witness statements
• Workplace accident or injury reports
• Accident scene photos or video
• Expert testimony

Personal injury claims are subject to time limits, also called a statute of limitations, so it’s important to take action as quickly as possible after the accident. 

Understanding and Asserting Your Rights as a Power Lineman

While your employer has certain obligations under OSHA to keep workers safe from on-the-job injuries, it’s possible some accidents could be the fault of third parties. You should understand your rights and know how to assert them so you can collect the compensation you need and deserve after a workplace accident. 

Lineman Injury Attorneys are dedicated to providing workers with up-to-date and accurate information regarding workplace injury regulations and OSHA guidelines. This information can help workers make more informed decisions after a serious work-related accident.