Workplace injuries can disrupt your life, but workers’ compensation typically helps cover medical expenses and lost wages. However, in certain cases, third-party liability in workplace injuries can allow you to pursue additional compensation.

For example, workers in construction are at significant risk of third-party injuries due to contractors and equipment manufacturers. In these scenarios, workers might be entitled to both workers’ compensation benefits and additional compensation from the responsible third party. This extra compensation can include pain and suffering, emotional distress, and sometimes punitive damages, which are not available through workers’ compensation.

What Is Third-Party Liability in Workplace Injuries?

Third-party liability in workplace injuries occur when an external party is responsible for your injury. While workers’ compensation covers workplace injuries regardless of fault, it doesn’t cover every scenario. If a third party caused the accident—such as a manufacturer, subcontractor, or driver—you could sue them in addition to claiming workers’ compensation benefits.

According to the U.S. Bureau of Labor Statistics (BLS), in 2020 alone, more than 5,200 workers died on the job in the United States. A significant percentage of these deaths was attributed to third-party involvement, such as motor vehicle accidents or unsafe working conditions caused by contractors.

Common Scenarios for Third-Party Liability

1. Defective Products or Equipment

If faulty equipment or machinery causes your injury, the manufacturer or distributor could be held responsible. In such cases, you may sue for additional damages beyond workers’ compensation.

2. Construction Site Accidents

Construction sites often involve multiple contractors and subcontractors. If another contractor’s negligence causes your injury, you may pursue a third-party lawsuit against them.

3. Motor Vehicle Accidents

If you’re injured in a car accident while on the job due to another driver’s negligence, you can file a third-party lawsuit against the at-fault driver while still receiving workers’ compensation.

4. Premises Liability

If you slip, trip, or fall on property owned by a third party, you could file a lawsuit against the property owner if their negligence caused the injury.

A workers compensation attorney shaking hands with a client

How to Pursue a Third-Party Liability Claim

  1. Report Your Injury: Always inform your employer about the injury. This is necessary for both workers’ compensation claims and potential third-party lawsuits.
  2. Consult with an Attorney: Speak with an experienced workers comp attorneywho can help determine if you have a valid third-party claim.
  3. File a Lawsuit: If applicable, your attorney will assist you in filing a personal injury lawsuit against the responsible third party.
  4. Coordinate with Workers’ Compensation: If you win a third-party lawsuit, your workers’ compensation carrier may seek reimbursement for the benefits paid out. Your attorney will guide you through this process.

Can You Sue Even if You’re Receiving Workers’ Compensation?

Yes, you can file a lawsuit for third-party liability in workplace injuries even while receiving workers’ compensation benefits. The workers’ compensation system provides basic coverage, but a lawsuit can help you recover additional damages, such as pain and suffering. However, your workers’ compensation provider may have a lien on any settlement you receive.

Why You Need a Work Injury Law Firm

At The Law Offices of Harley Merritt, we specialize in workers compensation claims and third-party liability in workplace injuries in Colusa, Glenn, Butte County, Yuba City, and surrounding areas. If you’ve been injured at work, contact us for a free consultation and let us fight for the compensation you deserve.

Our team of workers compensation attorneys is here to help you navigate both workers compensation and third-party liability claims. Reach out now for a free consultation and ensure your rights are protected.