If you have been injured on the job, your first avenue of recovery is typically workers' compensation. But workers' comp benefits are limited. You receive a portion of your lost wages and your medical bills are covered, but you cannot recover compensation for pain and suffering, emotional distress, or the full value of your lost income. For many seriously injured workers, workers' compensation benefits are simply not enough.

The good news is that if a third party, meaning someone other than your employer or a co-worker, contributed to your workplace injury, you may be able to file a separate personal injury lawsuit against that third party. A successful third-party claim can provide compensation for the full range of your damages, including pain and suffering, that workers' comp does not cover.

What Is a Third-Party Claim?

A third-party claim is a personal injury lawsuit filed against someone other than your employer who was responsible for causing or contributing to your workplace injury. Unlike workers' compensation, which is a no-fault system, a third-party claim requires you to prove that the third party was negligent. However, the potential recovery is much greater because you can seek compensation for all of your damages, not just the limited benefits available under workers' comp.

Common Types of Third-Party Workplace Injury Claims

  • Motor vehicle accidents: If you are injured in a car or truck accident while working, you can file a third-party claim against the at-fault driver.
  • Defective products or equipment: If a defective tool, machine, or piece of equipment caused your injury, you can file a product liability claim against the manufacturer.
  • Toxic exposure: If you were exposed to toxic chemicals or substances manufactured or supplied by a third party, you may have a toxic tort claim.
  • Premises liability: If you were injured at a job site owned by someone other than your employer due to a dangerous condition, you may have a premises liability claim against the property owner.
  • Subcontractor negligence: On construction sites, injuries caused by the negligence of another contractor or subcontractor can give rise to a third-party claim.

How Third-Party Claims Work Alongside Workers' Comp

You can pursue a third-party claim and receive workers' compensation benefits at the same time. However, there is an important catch: your employer's workers' compensation insurer typically has a lien on any recovery you obtain from the third-party claim. This means the insurer is entitled to be reimbursed for the workers' comp benefits it has already paid from any third-party settlement or verdict you receive.

An experienced attorney can negotiate to reduce the amount of the lien, maximizing the amount of money that actually goes into your pocket. In many cases, the third-party recovery significantly exceeds the workers' comp benefits, providing much-needed additional compensation for your injuries.

Examples of Third-Party Claims

Consider a construction worker who is injured when scaffolding collapses. The scaffolding was erected by a subcontractor, not by the worker's direct employer. The worker can receive workers' compensation benefits from their own employer while also pursuing a personal injury lawsuit against the subcontractor for negligently erecting the scaffolding. If the scaffolding was defective, the manufacturer of the scaffolding could also be liable.

Or consider a delivery driver who is rear-ended by a distracted motorist while making a delivery. The driver can receive workers' comp benefits from their employer and file a personal injury lawsuit against the distracted driver for the full value of their injuries.

Contact Dr. Ted Injury Law

If you have been injured on the job, do not assume that workers' compensation is your only option. Contact Dr. Ted Injury Law at (800) 555-HURT to discuss whether a third-party claim could provide additional compensation for your injuries.