A third party liability claim filed by an individual working on a loading dock may be filed after an on-the-job injury. While many employers carry Workers’ Compensation coverage, often exempting them from personal injury litigation, there may be other parties who hold responsibility for loading dock accidents and injuries. In this case, victims may choose to file a third party claim to seek compensation for medical bills, pain and suffering, and more. If you were hurt on a loading dock as a result of third party negligence, speak to a personal injury attorney in Long Island about your legal rights.
Types of Loading Docks Accidents
Accidents for those who work in a loading dock environment can lead to broken bones, paralysis and even death. In order to prevent dangerous and life-threatening accidents from occurring on the job, proper loading dock safety must always be stressed in the workplace.
The Occupational Safety and Health Administration considers loading dock work as a type of “materials handling and storage.” This occupation is highly dangerous, but it is possible for on-the-job accidents to be prevented or reduced. According to OSHA’s Outreach Program, “Since numerous injuries can result from improperly handling and storing materials, it is important to be aware of accidents that may occur from unsafe or improperly handled equipment and improper work practices, and to recognize the methods for eliminating, or at least minimizing, the occurrence of those accidents.”
In order to ensure loading dock safety, workers should be aware of common loading dock accidents that may occur so they can be avoided. In some cases, loading dock accidents are caused by:
- slipping or falling on the dock;
- getting caught in between the dock and a forklift or truck;
- falling off the dock itself;
- poorly trained workers;
- poor safety training;
- lack of communication between workers;
- improperly loaded machinery or trucks;
- working in unsafe weather conditions;
- exposure to hazardous substances; and
- falling cargo.
When these accidents occur, the victim may choose to file a third party liability claim if another party (or parties) is at fault for their injuries. Examples may include a contractor or the manufacturer of defective machinery or equipment involved in the accident. If you were hurt by a loading dock accident, contact Gacovino, Lake and Associates in Long Island to speak to a personal injury attorney about filing a claim.
Filing a Third Party Liability Claim
Many employers carry Workers’ Compensation, which will compensate you for medical bills, wages and more if you’re injured on the job in a loading dock accident. If your employer carries Workers’ Comp, you’ll generally be unable to sue them for additional damages. You can, however, choose to sue other parties who hold responsibility for your accident and injuries in third party liability claims.
Filing a claim against these third parties could entitle you to compensation for the medical bills you’ve incurred, the wages and income you’ve lost, and the pain and suffering you’ve endured. You also could be due punitive damages in certain situations. To see if you have grounds to file a third party liability claim for the injuries you sustained in an accident, speak to a personal injury attorney in Long Island.
Talk to a Lawyer About Filing a Third Party Claim
If you were hurt in an accident resulting from improper loading dock safety on behalf of your employer, a coworker, a third party or even yourself, discuss the circumstances with a lawyer. If you suspect that the injury was caused by a third party, inform your attorney and discuss whether a claim may be pursued against that party in addition to a Workers’ Comp claim. Call Gacovino, Lake and Associates at 800-246-HURT (4878) to speak to a personal injury attorney in Long Island about filing your third party liability claim.
