Third-party negligence also referred to as third-party liability, is most often associated with workers’ compensation cases. In New Mexico, workers who are hurt on the job typically are prohibited from suing for civil damages. Since workers’ compensation is designed as a single-recovery system, it is expected to meet the needs of the injured worker.
While most employees who are hurt on the job qualify for workers’ compensation benefits, there are times when it is appropriate to also bring a third-party liability claim. For example, an employee is making a delivery as part of their normal daily work duties. While en route to the destination, they are involved in a motor vehicle accident that is deemed the fault of the other driver. They suffer serious injuries that force time off from work.
Although the accident and resulting injuries happened while the employee was officially on the clock, the accident is not necessarily the fault of the employer. The blame rests on the other driver, who is legally considered a third party in this scenario. In this instance, the injured person would have a right to both workers’ compensation and a third-party liability lawsuit.