Working Retail on Black Friday? Watch Out for These Third-Party Work Accidents


Picture of Black Friday Black Friday marks the official first shopping day of the holiday season. Last year, more than 174 million Americans went shopping in the days surrounding Black Friday. Unfortunately, Black Friday is also known for being dangerous to customers and workers. If you are injured on the job, you could have a viable workers’ compensation claim. However, what happens if you are injured by a third party while working?

What is a Third-Party Work Accident?

A third-party work accident is an accident that occurs while working, but is caused by a party or entity separate from an employer or coworker. Examples of potential third-party work accidents to watch out for on Black Friday:
  • Being hit by a car in the parking lot. Whether it is due to distracted driving or drunk driving, if you are hit by a car during your shift, you could have a viable claim against the driver.
  • Injured by a customer. Over the years, news sources have shown shocking footage of irate customers punching and shoving their way through stores for great deals on Black Friday. If you are on the other end of a fist, you might have a viable claim against the person responsible for the assault.
  • Injured by defective equipment. Many retail workers work in the store’s backroom or warehouse to unload and organize inventory before it is placed throughout the store. Warehouse workers work with heavy machinery such as forklifts and pallet jacks. An injury caused by faulty machinery or equipment could be considered a third-party work accident.

How Does a Third-Party Work Accident Claim Work?

It is unlikely that you would be able to file a claim against your employer. In many cases, however, even if an accident is caused by a third party, an employee would still be able to claim workers’ compensation benefits through their employer to cover a portion of lost wages and medical expenses. In addition, in a third-party work accident, an injured worker may also have a viable claim against the person or entity that caused the injury.A third-party work accident claim could cover damages that workers’ compensation benefits do not. In addition, a third-party injury settlement could exceed workers’ compensation benefits.

Do You Need a Gilroy Work Accident Attorney?

If you have been injured in a work accident, the work accident attorneys at Cramer & Martinez, LLP could help you determine which legal options are available based on the circumstances of your situation. We have over 50 years of experience advocating for injured workers. We help our clients gather evidence, witnesses and medical experts to build a strong case. Call us at (408) 848-1113 or contact us online to schedule a free consultation.

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