Third-Party Work Injury Claims

Workers' comp isn't always your only remedy. When a third party caused your workplace injury, we pursue full compensation beyond what comp provides.

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Workers’ compensation is generally the exclusive remedy against your employer for an on-the-job injury. But it is not the only remedy — and it is often not the most valuable one. If a third party other than your employer caused or contributed to your workplace injury, you may be able to pursue a separate personal injury claim against them, on top of your workers’ comp benefits.

At Maples, Connick & Brendel, we evaluate every workplace injury for third-party claims because these claims often make the difference between a modest workers’ comp recovery and full compensation for the life-altering impact of a serious injury.

Who Counts as a Third Party?

A “third party” is any person or company other than your direct employer or a co-worker acting within the course of employment. Common third parties include general contractors or subcontractors on a job site, owners of the property where the injury occurred, manufacturers of defective tools, machinery, or vehicles, at-fault drivers who caused a work-related motor vehicle accident, companies that failed to properly maintain equipment or premises, and other negligent parties whose conduct contributed to the injury.

Why Third-Party Claims Matter

Workers’ compensation is designed to cover only a defined set of benefits — medical treatment, a percentage of lost wages, and limited disability payments. Critically, workers’ comp does not pay for pain and suffering, loss of enjoyment of life, or the full amount of lost income.

A third-party personal injury claim, by contrast, can recover the full range of damages available under tort law, including full wage loss (not just a statutory percentage), pain and suffering and mental anguish, loss of enjoyment of life, loss of consortium for a spouse, and in some cases, punitive damages.

For a worker with a catastrophic injury, the gap between workers’ comp benefits and full tort damages can be enormous.

Common Third-Party Scenarios

We frequently see third-party claims arising from construction site injuries caused by general contractors, subcontractors, or other trades working on the same project, work-related car and truck accidents where another driver was at fault, defective machinery or tools that malfunctioned and caused injury, premises liability injuries where the property owner failed to maintain safe conditions, and chemical exposures caused by manufacturers, suppliers, or contractors handling hazardous materials.

Coordinating the Two Claims

Handling a workers’ comp claim alongside a third-party personal injury claim requires careful coordination. The workers’ comp carrier typically has a right to reimbursement (a “subrogation lien”) out of any third-party recovery, and the interplay between the two claims can significantly affect the worker’s net recovery. Because we handle both types of claims in-house, we are able to manage this coordination in a way that maximizes the client’s bottom line.

If you were injured on the job and a third party may have caused or contributed to the accident, contact us today for a free case review.

Frequently Asked Questions

If I'm already getting workers' comp, why would I also file a third-party claim?

Because the two claims compensate different things. Workers’ comp covers a limited, statutorily defined set of benefits. A third-party claim can recover the full range of damages — including pain and suffering and the wage loss that workers’ comp does not fully cover. For most seriously injured workers, the third-party claim is where the real recovery happens.

Will filing a third-party lawsuit affect my workers' comp benefits?

In general, you can pursue both claims at the same time without jeopardizing your comp benefits, but the comp carrier will typically assert a lien against any third-party recovery. We handle this interplay carefully so our clients net the best possible result after all liens and offsets.

How do I know if I have a third-party claim?

That is exactly what we evaluate in a free case review. Many injured workers do not realize they have a third-party claim until an attorney investigates the facts — who owned the equipment, who controlled the job site, who else was on the scene. If there is a viable third-party claim, we find it.