Oklahoma Blog: Workers Compensation and Benefits

How Oklahoma Third Party Liability in Worker's Compensation Cases Works

Basically, third party liability cases arise when a worker is injured while on the job.  However, when that worker is injured by someone who is not involved with the injured worker's duties, it creates a separate issue of liability.  That worker would be entitled to apply for and obtain worker's compensation benefits as he or she usually would, and the law generally allows for these benefits to be paid to that worker.  In essence, the original worker's compensation claim remains the same.

However, that injured worker would also have the right to bring a lawsuit against the party and/or the different company in a third party action for negligence.  These types of cases would be seen as separate from the underlying worker's compensation claim, and the injured worker would be the plaintiff and the defendant would be the person who was negligent and perhaps the defendant's employer depending on the circumstances.  The case would proceed as any other personal injury action would in Oklahoma.

One of the problems with third party liability is that it's not a well-known legal doctrine.  Therefore, many people who are injured at work by someone else's negligence may not realize that additional legal rights and options are available.  If this situation sounds familiar to you or it's happened to someone you love, you need to contact an experienced Oklahoma worker's compensation lawyer as soon as possible to schedule a free initial consultation.

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