Workers' compensation is usually the primary remedy for employees injured on the job, providing essential benefits like medical expense coverage and partial wage replacement without the need to prove employer negligence. Connecticut law generally bars direct lawsuits by employees against employers, but in some circumstances, a worker can pursue a legal action against a third party whose acts or omissions contributed to the injuries. 

Here are scenarios in which a third-party liability claim may be feasible:

• Defective equipment — When a worker is injured due to a malfunctioning machine or tool resulting from a design or manufacturing flaw, liability may extend to the manufacturer, distributor or retailer of the equipment. For example, a safety guard on a saw that was improperly designed might lead to a severe injury. Anyone in the chain of distribution of the product could potentially be accountable for the injuries caused, irrespective of negligence. 

• Subcontractor negligence — On construction sites and similar environments, multiple contractors and subcontractors might be present. If an employee of one contractor is injured due to the negligent actions of an employee from another, the injured worker may sue. This is possible because the other contractor, as an independent entity, does not enjoy the same workers' compensation immunity as the direct employer. An example of this could be an electrician leaving live wires exposed, which then leads to a carpenter’s electrocution.

• Negligent property owners — If a worker is injured on a job site not owned by their employer, the property owner may be liable if the injury is due to unsafe conditions on the premises. For instance, a worker might slip and fall due to poor maintenance or to flooring in disrepair. This can occur when a business leases space and the landlord neglects to repair known hazards.

• Motor vehicle accidents — If a worker performing job-related duties is injured in a vehicle accident, they may pursue a claim against the driver at fault. This might occur when the worker is making deliveries, visiting client sites or making a business trip. 

While workers' compensation provides necessary and immediate benefits, such as medical expenses and a portion of lost wages, it does not cover all losses an injured worker might suffer. A third-party lawsuit, on the other hand, can seek pain and suffering and other non-economic damages.

At Gesmonde, Pietrosimone & Sgrignari, L.L.C., we represent Connecticut workers injured in job-related accidents, pursuing workers’ compensation benefits and legal remedies against third parties. We have offices in Hamden and East Haven. To schedule a consultation, please call 203-745-0942 or contact us online.