Lawbrarian

Workers' Rights When Injured by a Third Party on the Job

By Lawbrarian Editorial Team
Published
Summary
When a workplace injury is caused by someone other than your employer, you may have both a workers' comp claim and a personal injury lawsuit. Learn how these dual claims work.

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The Dual Claim Advantage

Workers' compensation provides benefits regardless of fault, but it limits the types of damages you can recover (no pain and suffering). When a third party — someone other than your employer or co-worker — causes your workplace injury, you may pursue both workers' comp benefits and a personal injury lawsuit against the third party.

Common Third-Party Scenarios

Motor vehicle accidents: If you're injured in a car accident while working (delivery driver, traveling for business), you can file a workers' comp claim and a personal injury suit against the at-fault driver.

Defective equipment: If workplace machinery or equipment was defective, you may have a product liability claim against the manufacturer.

Premises liability: If you're injured at a client's property or worksite controlled by another company, the property owner may be liable.

Toxic exposure: If exposed to harmful substances manufactured by a third party, you may have a toxic tort claim.

How the Claims Interact

Workers' comp benefits begin immediately and don't require proving fault. The third-party claim takes longer but can include pain and suffering, full lost wages (not just the 66% workers' comp rate), and other damages not available through workers' comp.

Subrogation: Your workers' comp insurer has a "subrogation lien" — they're entitled to be repaid from your third-party recovery for benefits they've already paid. An experienced attorney can often negotiate to reduce this lien.

Statute of Limitations

The deadline for filing a third-party personal injury claim (typically 2-3 years) is separate from your workers' comp claim. Missing either deadline means losing that avenue of recovery.