Working in America can be dangerous. Every year, more than 880,000 workers suffer serious injuries while on the job,1 and if you’re one of them, you might be wondering what your options are. Workers’ compensation claims can get you quick access to financial support but won’t cover the total cost of your injury. To ensure you have the resources to rebuild your life after a serious injury at work, you can file a third party injury at work claim.
In this article, we’ll walk you through what a third party injury at work claim is, how it differs from a worker’s compensation claim, how to know if you might have one, and some other specifics to help you know what to expect.
What is a Third Party Injury at Work Claim?
A third party injury at work claim involves pursuing a person or company, other than your employer or co-worker, whose negligence contributed to your injury. Common defendants include manufacturers, contractors, and vendors, among others.
This type of workplace injury claim doesn’t replace workers’ compensation. They are two different types of cases that hold different parties responsible, and access two different systems. In this next section, we’ll explain the difference between the two.
What is a Workers’ Compensation Claim and When Do I File One?
Workers’ compensation is a type of insurance employers are legally required to carry to pay employees for certain expenses if they get injured while working. This system is designed to give injured workers quick access to medical benefits and partially pay for their lost wages while they recover. Other important details about a workers’ compensation claim include:
- You can file a claim no matter who was at fault.
- Typically, the compensation you can recover for your injuries is limited to immediate medical costs and 2/3 of your average wages.
- Workers’ Compensation is usually the only option against your employer.
- You cannot recover non-economic losses, including pain and suffering.
Workers’ compensation claims are limited by design to ensure injured workers have immediate access to the benefits regardless of fault. But for many injured workers, especially those who experience long-term effects from back and spinal injuries, a workers’ compensation claim won’t cover the total financial and emotional cost they endure.
If another party could be at least partially responsible for your injuries, it could make sense for you to pursue a third party injury at work claim in addition to workers’ compensation.
What is a Third Party Injury at Work Claim?
While the workers’ compensation is a no-fault system, the purpose of a third party injury at work claim is to hold negligent actors other than your employer responsible for your injuries. For example, if you were seriously injured in an oil or gas explosion, and that explosion was caused by malfunctioning equipment, a third party injury at work claim could seek damages from the equipment manufacturer.
You can pursue a third party for your workplace injury when you suspect your injuries were caused by the negligence of someone other than your employer or coworker. That third party could include a subcontractor on your job site, an equipment manufacturer, and others.
Since third party workplace injury claims are a type of personal injury claim, and aren’t processed through workers’ compensation claims, it’s possible for you to recover the total cost of the injury, as opposed to a fraction of it.
Who Can be Liable in a Third Party Workplace Injury Claim?
Not every workplace injury involves a third party but more do than you might realize. If someone other than your employer created or contributed to the dangerous condition that caused your injuries, they might be legally responsible.
The number of possible third party defendants in workplace injury claims might surprise you. In this section, we’ll walk you through the types of negligent parties we see most often.
Contractors or Subcontractors
These are one of the most common sources of third party injury at work claims in construction because some job sites have multiple vendors or crews from different companies working at the same time. If someone from a different company created the hazard that caused your injury, they could be held liable.
Equipment or Product Manufacturers
If parts of a machine, tool, vehicle, floor grate, or piece of safety gear were defectively designed or manufactured, the maker can be held liable for your injuries.
Property Owners
If you’re working on someone else’s property and your injuries were caused by an unsafe condition in an area they controlled, they could be held responsible.
Negligent Drivers
If you were making deliveries, traveling between job sites, or operating a company vehicle, and you’re struck by another vehicle, the at-fault driver could be a third party in a workplace injury claim.
Architects or Engineers
In the case of construction jobs, design professionals like architects and engineers can create unreasonably dangerous conditions that cause injuries. When this happens, they can be named as defendants in third party injury at work claims.
Common Types of Injuries We See in Third Party Workplace Injury Claims
While any serious injury caused by someone other than your employer could qualify your case as a third party claim, there are some that come up again and again. And the more severe the injury, the more important it can be to pursue every available compensation option. These are the most common types of injuries we see.
Back Injuries
Back injuries are among the most frequently filed and most financially devasting workplace injuries. They’re common in construction, warehousing, manufacturing, and transportation industries.
A back injury at work claim can arise from a single traumatic event like a fall from a drilling rig, a crushing incident or being struck by an object. It can mean years of medical treatment, lost income, and a permanently changed quality of life that workers’ compensation claims rarely cover.
Examples of workplace back injuries include:
- Herniated or bulging discs
- Spinal cord injuries and paralysis
- Lumbar and cervical fractures
- Soft tissue injuries that become chronic
Back injuries are common in construction, warehousing, manufacturing, and transportation industries.
Head and Traumatic Brain Injuries (TBI)
Head and traumatic brain injuries are common in construction, especially on multi-employer sites where workers are at risk of falling from high heights, being struck by falling objects and vehicle accidents.
The consequences of head and traumatic brain injuries can last a lifetime and include poor memory, reduced cognitive abilities, altered personality, and the inability to work. These are the types of non-economic damages for which a third party injury at work claim can recover compensation.
Broken Bones and Crush Injuries
These types of injuries include severe breaks and fractures that might require multiple surgeries; long recovery periods and permanent impairment. They result from machinery and forklift incidents, collapsed structures, and vehicle strikes and often involve defective equipment or contractor negligence.
Burns and Chemical Exposure
Industrial burns and chemical exposure are common injuries sustained by workers in the oil and gas industry. These injuries can be the result of defective equipment, the negligence of site operators, or third party chemical mishandling. The consequences of chemical exposure can include:
- Respiratory damage
- Organ damage
- Occupational disease
In some cases, the true consequences of chemical exposure are delayed and might not be accounted for in workers’ compensation claim. A third party work injury claim can help you recover the true cost of your injuries.
Amputations and Severe Lacerations
Injured workers that experience these catastrophic, life-altering injuries typically need significant resources to rebuild their lives. We typically see these types of injuries in incidents involving defective guards and emergency stops, or design failures.
Wrongful Death
When a workplace injury is fatal, there is nothing that can replace your loved one. But a wrongful death claim can provide surviving family members with the financial support they will need to move forward. This claim is separate from any workers’ compensation death benefits. Possible damages you can recover include:
- Medical and hospital expenses incurred before death
- Funeral and burial costs
- Loss of the decedent’s future earnings and household contributions
- Loss of benefits (pension, health insurance, etc.)
- Loss of inheritance or support for dependents
- Loss of consortium, companionship, guidance, and moral support
- Mental anguish and emotional distress of surviving family members
- Pain and suffering the decedent experienced before death (often pursued via a separate survival action)
- Punitive damages
- Attorney fees, court costs, and any statutory penalties or interest where provided by law
How Chaffin Luhana Can Help
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How to Pursue a Third Party for an Injury at Work and What to Expect
You can pursue a third party injury at work claim regardless of whether you filed a workers’ compensation claim. If you decide to pursue both, typically you would file a workers’ compensation claim first to access financial benefits immediately as recovering compensation from a third party claims can take much longer.
In this section, we’ll tell you what you can expect when you hold a third party accountable for your injuries. If you decide to pursue a third party claim, it’s helpful to speak with an experienced work injury claim lawyer immediately. They can walk you through how the process will affect your specific case.
How to Pursue a Third Party for an Injury at Work
If you experienced a serious injury at work, you typically have between 2-3 years, depending on your state laws, to pursue a third party injury at work claim. But taking action immediately after your injury can help ensure you have the strongest case possible. These are the steps to take to file a work injury claim.
- Get medical care and document your injuries
- Preserve evidence
- Report your injury to your employer
- File your workers’ compensation claim
- Consult a work injury claim lawyer to help you identify whether a third party might be liable
- File your third party lawsuit within your state’s statute of limitations
Your work injury lawyer will take care of actually filing your claim. But it’s important to follow the steps above to ensure you’re able to recover the damages you deserve. If you have specific questions about any of these steps, one of our intake specialists at Chaffin Luhana would be happy to walk you through the process.
What Kind of Compensation Can You Expect from a Third Party Injury at Work Claim?
A third party injury claim may allow you to recover compensation beyond what workers’ compensation provides. Unlike workers’ compensation benefits, which are generally limited to medical treatment and a portion of lost wages, a successful third party claim can help address the full financial, physical, and emotional impact of a workplace injury. If you can prove negligence, you may be able to recover damages such as:
- Full medical expenses, including estimated future treatment
- Full lost wages, and lost future earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (i.e. harm to your family relationships)
- Punitive damages in cases of reckless or egregious conduct
Hiring a Third Party Work Injury Lawyer
If you’ve never hired a lawyer before, it can be difficult to know when you need one, and what to expect from them. In this section, we’ll explain why hiring a work injury claim lawyer can improve the outcome of your case and what these lawyers do. Understanding their role can help you feel more prepared when you make that first phone call.
When Should You Hire a Work Injury Claim Lawyer?
You should hire a work injury claim lawyer if you’ve experienced a serious work injury. Third party injury at work claims require navigating a complex legal system and careful documentation to prove negligence. They can involve managing two simultaneous claims (workers’ compensation and third party injury), strict deadlines, and subrogation liens. So, if you were seriously injured at work it’s helpful to talk with a serious work injury lawyer. There are many ways a third party can be named liable for your injuries, some of which might not be obvious at first.
What Does a Work Injury Claim Lawyer Do?
An experienced work injury claim lawyer takes care of the entire legal process so that you can focus on recovery. They should also provide you with other kinds of support that help you navigate the uncertainty ahead. Specifically, you should expect a work injury claim lawyer to do the following:
- Identify all potentially liable parties
- Manage both your workers’ comp claim and your civil lawsuit
- Gather and preserve evidence before it disappears
- Negotiate the workers’ comp subrogation lien (i.e. your workers’ comp insurance carrier’s right to be reimbursed for what they paid you from your settlement)
- Estimate the true cost of this injury, both presently and in the future
- Fight for full, fair compensation
- Work on contingency, they shouldn’t get paid unless you get paid
In addition to these services, you should expect an experienced work injury claim lawyer to support you on your road to rebuild your life. These cases can take a year or longer to settle, and the uncertainty that brings can put a strain on you and your loved ones. A good lawyer should offer you resources that help you navigate this rocky time period.
Their Negligence Led to Your Injury, But You’re Not Alone
The aftermath of a serious work injury can feel confusing and exhausting. It might not be clear at first what you’re supposed to do. The first step after an injury is always to take care of your health. Once you feel ready, a serious work injury lawyer can help you navigate what comes next. If you or a loved one have been seriously injured at work, reach out to Chaffin Luhana today. We’ll listen first, and if we can help, we will.
Third Party Injury at Work Claim FAQs
Can You Pursue Both a Workers’ Comp Claim AND a Third Party Lawsuit?
Yes, you can pursue both simultaneously. They are separate legal processes. You would file your Workers’ Compensation claim first, then contact a work injury claim lawyer to help you pursue the third party. Sometimes it’s necessary to take the third party to court to recover damages. Sometimes we’re able to settle with the defendant’s insurance company before it’s necessary to file a lawsuit.
Do I Need a Work Injury Claim Lawyer, or Can I Handle This Myself?
Workers’ comp claims are complicated enough on their own. Adding a third party civil lawsuit — with evidence preservation requirements, comparative fault defenses, subrogation liens, and filing deadlines — makes attorney representation nearly essential for any serious work injury claim. A work injury claim lawyer also negotiates your workers’ comp lien so more of your third party recovery stays with you.
What Qualifies as a Serious Work Injury for an Injury at Work Claim?
Any injury caused at least in part by a third party’s negligence can qualify — from a back injury at work to a traumatic brain injury, amputation, burn, or wrongful death. A serious work injury lawyer can evaluate whether your specific situation involves third party liability.
Can I Sue a Third party if I’ve Already Accepted Workers’ Comp?
Yes. Receiving workers’ comp benefits does not prevent you from filing a third party lawsuit. However, your workers’ comp carrier will likely assert a subrogation lien against your third party recovery. An attorney can negotiate to reduce that lien.
Can I File a Third Party Injury at Work Claim if I was Partially at Fault for My Workplace Injury?
For third party claims, comparative fault rules apply and vary by state. In Pennsylvania, New York, Connecticut, and West Virginia, being partially at fault may reduce (but not necessarily eliminate) your third party recovery. Reach out to a work injury claim lawyer for guidance about your specific case.
How Long Does a Third Party Workplace Injury Claim Take to Settle?
The length of time it takes to settle varies based on the details of the cases. More complex cases that involve construction defects, product liability, multiple defendants, or catastrophic injuries might take longer to settle than others. A serious work injury lawyer can give you a realistic timeline based on your specific facts.
How Much Does a Work Injury Claim Lawyer Cost?
At Chaffin Luhana, we work on a contingency fee basis. That means you pay nothing upfront and owe no attorney’s fees unless we win your case.
What if the Third Party in My Work Injury Claim is a Large Company or Manufacturer?
Large companies have experienced legal teams and insurance adjusters focused on minimizing what they pay. That’s exactly why having a serious work injury lawyer in your corner matters. Chaffin Luhana has extensive experience in complex litigation against large corporate defendants — including product manufacturers, contractors, and property owners.
Will My Employer Retaliate if I Pursue an Injury at Work Claim Against a Third Party?
Filing a third party lawsuit does not involve suing your employer — you’re pursuing the party that caused your injury. Employers are also legally prohibited from retaliating against workers who pursue workers’ comp or related injury claims. If you do experience retaliation, that creates a separate legal issue worth discussing with your attorney.
What if the Third Party in My Injury at Work Claim Doesn’t Have Insurance or Significant Assets?
Your attorney will investigate all potential sources of recovery: additional insured provisions, umbrella policies, coverage through the general contractor, and other defendants. In many serious work injury cases, multiple parties share liability — widening the pool of available coverage.