Color When a worker is injured by a negligent third party while performing his job, his right to recover fair compensation is not limited to workers compensation benefits. (See "Workers' Compensation Law" for an explanation of those benefits.) While workers’ compensation benefits are limited and do not provide compensation for many kinds of losses, other civil remedies may be available where someone other than one's employer has negligently caused the injury. This is known as a third party lawsuit and a civil court claim may exist for such an injury. For example, if a person was making a delivery as a part of his job and an eighteen wheel truck owned and operated by someone other than his employer ran a red light and injured the worker in the ensuing crash, a civil claim against the driver of the truck exists. Other examples of third party lawsuits include injuries caused by defectively designed or manufactured machines or products, dangerous conditions of land or premises, and toxic chemical exposure. Every year hundreds of thousands of Americans are injured due to dangerous and defective products. See "Products Liability" for more information on related claims. Each year hundreds of thousands of people are injured in this country due to the carelessness of medical personnel. This type of injury is compensable under the law. See "Medical Malpractice" for more information on related claims. One of the leading causes of injury and death in this country by accidental means involves premises which are defective or dangerous in some way. Commercial establishments have an obligation to maintain their premises in a safe condition. The law requires that a commercial establishment inspect their premises for defects and dangerous conditions. The law also requires that if a dangerous condition is detected, a commercial establishment has an obligation to cure that defect and remove the danger. If the defect cannot be cured or the danger cannot be removed immediately, then the commercial establishment has an obligation to guard its customers from the location of the dangerous condition. If the condition cannot be cured and cannot be guarded against, then the law requires the commercial establishment to warn against a condition. The warning must be meaningful in that it must apprise the customer of the nature of the danger and the location of the danger and how the danger may be avoided. Merely warning of a dangerous condition which can be removed or guarded against does not relieve the commercial enterprise from liability for injuries caused by defective premises. Toxic exposure to carcinogens and other chemicals which are known to cause illness in humans is a personal injury for which the law allows compensation. Recovery in these cases depends on the nature of the toxic agent, the degree and length of exposure, and the probable link between the exposure and the illness. return to top