A recent third-party liability claim stemming from a work injury failed because plaintiff did not name all potential defendants soon enough in the process.
While this oversight seems obvious in hindsight, the reality is identifying all responsible parties, particularly on a multi-employer work site, can be challenging. Our Atlanta workers' compensation lawyers are experienced in conducting thorough investigations at the outset of the case, and continuing our exploration of the case in consideration of deadlines as facts become available.
Workers' compensation serves as an exclusive remedy to workers who are hurt on the job. But that exclusive remedy provision is applicable only to employers. Uutside of wanton disregard for worker safety, workers' compensation is the only means of collecting damages. The exception would be if a third-party is responsible, which was the assertion in the recent case of Reed v. Malone's Mechanical, Inc., et al. before the U.S. Court of Appeals for the Eighth Circuit.