Injured workers often think their only option is to file a claim through workers’ compensation. That assumption makes sense at first glance – after all, workers’ comp is supposed to be the built-in safety net. But the reality is messier.
When your injury happens because someone outside your company contributed to the accident due to negligence, you could have a second shot at financial recovery: a third-party lawsuit.
You don’t have to choose one or the other. You can file both claims, and they’ll work in tandem. Of course, you'll want to tread carefully because there are strings attached – and they’re not always obvious. A workers' comp attorney can help you deal with any complexities that arise.
Workers’ Comp Doesn’t Cover It All
Workers’ compensation is designed to move fast. You get medical care, lost wages (at least partially), and maybe some compensation for permanent injuries. But that streamlined process comes at a price. You can’t sue your employer for pain and suffering. In fact, you usually can't sue your employer at all.
That’s where things can get frustrating. Say you suffered an injury in a warehouse accident when a delivery driver from another company crashed into your forklift. Workers’ comp would step in, sure – but it won’t come close to covering the emotional fallout, long-term impact, or diminished quality of life. That’s where a third-party lawsuit picks up the slack.
A workers' comp lawyer will help you figure out whether there’s another party who shares the blame for your injury. That investigation won’t just look at what happened – it’ll focus on who else had control over the situation.
Third Parties: Who Counts and Why It Matters
Third-party lawsuits aren’t limited to big, dramatic incidents. They can apply to construction zones, office settings, industrial spaces – anywhere an outsider might have made a mistake that put you in harm’s way.
A few examples make it clearer. You slip on an icy loading dock that a property management company failed to salt. You get shocked while using machinery that your employer hired a vendor to maintain. Or maybe you’re hit by a distracted driver while you’re on the road for work. In every one of these situations, someone outside your employer’s chain of command helped create the danger. That opens the door for a third-party claim.
Your attorney will determine whether that third party owed you a duty of care and whether their failure caused your injury. If so, you’ll have two claims in motion – one through workers’ comp and one through civil court.
How the Two Claims Interact
Filing a third-party lawsuit doesn’t cancel out your workers’ comp benefits. You’ll still get wage replacement and medical treatment. But if you win your lawsuit – or reach a settlement – you may have to pay some of that money back.
That sounds unfair at first, but it’s rooted in a legal concept called subrogation. Essentially, the insurance company that paid for your workers’ comp benefits has the right to get reimbursed from your third-party recovery. A workers' comp attorney will review those numbers and fight to protect what you’re entitled to keep.
Your compensation from a lawsuit can include pain and suffering, full lost wages (not the partial payment comp provides), loss of future earning potential, and other damages that aren’t available through the workers’ comp system. That second stream of compensation can make a huge difference when you're staring down a long recovery or a permanent disability.
You Won’t Have to Handle Conflicts Alone
Juggling a workers' compensation claim and a third-party case simultaneously raises numerous questions. One case might move faster than the other. The insurance company might try to insert itself into your civil claim. Or your employer might cooperate with the lawsuit because getting that third party to pay could lighten their own insurance exposure.
It gets complicated fast. But you won’t deal with that chaos on your own. A workers' comp lawyer will anticipate the friction points and take care of the legal legwork while you focus on healing.
Your attorney will also calculate how both cases affect each other. Timing matters. The order of resolution might influence how much money you actually walk away with.
An deadlines may vary significantly between workers’ comp laws and personal injury laws. State law usually sets a short deadline for reporting your injury and filing a workers' compensation claim, while the statute of limitations for filing a separate negligence lawsuit against a third party may give you a few years.
You won’t need to know those distinctions yourself, but you can’t waste time. Call a lawyer now and give them the chance to stay on top of every one of them.
Common Situations Where Dual Claims Make Sense
Some injury scenarios typically result in a third-party lawsuit. Construction zones are a major one. With contractors, subcontractors, equipment suppliers, and property owners all involved, it’s rare for any one company to be responsible for everything that goes wrong. When you’re hurt at a multi-employer site, a workers' comp attorney will ask some pointed questions: Who managed the site? Who installed the scaffolding? Who supervised that crew?
Delivery drivers also face frequent overlap between comp claims and third-party lawsuits. A wreck caused by another motorist could land you in the hospital, and your employer’s insurance might step in first. But that other driver’s liability insurance is still very much on the hook. That second claim could mean thousands more in compensation.
In manufacturing, defective tools or machines are another trigger. If the equipment that caused your injury was faulty, you may be able to sue the manufacturer while still receiving workers’ compensation benefits. A workers' comp lawyer will coordinate those parallel paths and look for every available source of compensation.
Why It’s Worth Exploring All Angles
The point of combining claims isn’t about doubling up on money. It’s about ensuring you aren’t left shortchanged when one claim falls flat on damages.
Workers’ comp keeps the lights on and covers your immediate medical care. But if you suffered a traumatic injury that influences every corner of your life, you deserve more than functionality.
A workers' comp attorney will take the time to ask questions that others overlook. They’ll dig into maintenance logs, contractor agreements, accident histories, and even product recalls. You won’t have to guess who’s responsible – they’ll map it out, piece by piece.
Not every injured worker qualifies for a third-party claim. But you won’t lose anything by asking. The real loss would be missing out on the compensation you’re rightfully owed just because no one took the time to look at the bigger picture.
Please contact a workers' comp lawyer immediately to learn more.