Warehouse work involves heavy equipment, multiple employers, outside contractors, and the constant movement of people and machinery, all of which create opportunities for serious accidents. Forklifts operate alongside foot traffic, merchandise is stored overhead, delivery vehicles move through loading areas, and outside companies perform work throughout the facility.
Workers’ compensation provides important benefits after a warehouse injury, but it is not always the only source of recovery. If a party other than the employer contributed to the accident, the injured worker may also have a third-party personal injury claim in Los Angeles.
What Is a Third-Party Claim?
A third-party claim is a lawsuit against a person or company other than the injured worker’s employer. Workers’ compensation generally prevents employees from suing their own employer for a workplace injury, but that protection applies only to the employer.
It does not extend to unrelated parties whose negligence caused or contributed to the accident, such as a delivery driver, an outside maintenance company, or the manufacturer of defective equipment. Those parties can be held liable through a personal injury claim, and in many cases, an injured worker may receive workers’ compensation benefits while pursuing a third-party claim at the same time.
Common Warehouse Accidents That May Involve Third Parties
Certain warehouse accidents raise the possibility of third-party liability more often than others:
- Forklift accidents caused by outside contractors or delivery drivers operating within the facility
- Falling merchandise resulting from negligent stocking or loading by another company’s personnel
- Equipment failures involving defective forklifts, pallet jacks, conveyors, or lifting machinery
- Slip and fall accidents caused by outside cleaning or maintenance companies
- Injuries caused by defective pallets, shelving, or packaging materials
Determining exactly how the accident occurred, and which company or person created the hazard, is essential to identifying whether a third party shares liability.
Who May Be Liable in a Third-Party Warehouse Injury Claim?
The companies or individuals responsible for a warehouse accident depend on how the injury occurred. Some of the most common potentially liable parties include:
Equipment Manufacturers
When a forklift, conveyor, pallet jack, or other piece of warehouse equipment fails because of a design or manufacturing defect, the manufacturer may be held liable for the resulting injuries.
Contractors and Vendors
Outside companies regularly perform maintenance, repairs, cleaning, and construction work inside operating warehouses. When their work creates a hazard or their negligence causes an accident, those companies can be held responsible for injuries to workers employed by other parties.
Delivery Companies
Delivery drivers and transportation companies operate in and around warehouses daily. Negligence by a driver at the loading docks, in the yard, or inside the facility can support a claim against both the driver and the company that employs them.
Property Owners
Many warehouses are operated by one company but owned by another. When unsafe conditions, inadequate maintenance, or dangerous premises contribute to an injury, the property owner may bear liability separate from any party working in the building.
What Compensation May Be Available?
A successful third-party claim permits recovery of damages that workers’ compensation does not typically cover, including medical expenses, future medical care, full lost wages and reduced earning capacity, pain and suffering, emotional distress, and compensation for permanent disability or disfigurement.
Workers’ compensation provides no recovery for pain and suffering or emotional distress, which is why the third-party claim often represents a substantial portion of the total recovery in serious injury cases. Workers’ compensation also only pays approximately ⅔ of an injured party’s wages. Workers’ comp benefits may remain available while a third-party claim proceeds.
Speak With a Warehouse Injury Lawyer
Identifying every potentially liable party is an important part of maximizing compensation after a serious warehouse accident. A Los Angeles warehouse accident attorney can investigate how the accident occurred, preserve evidence before it becomes unavailable, coordinate workers’ compensation benefits with any third-party claims, and pursue every available source of recovery. Contact our office today for a free consultation.