Beyond Workers’ Comp: When Can You Sue a Third Party After a Workplace Injury?

Workplace injuries are, unfortunately, a common occurrence. In 2022 alone, there were 2.8 million nonfatal workplace injuries and illnesses reported by private industry employers. While workers’ compensation is designed to provide a safety net for employees hurt on the job, it often falls short of covering all the damages incurred. But what happens when your injury is caused by someone other than your employer or a coworker? In these situations, you may be able to pursue a third-party lawsuit, opening the door to additional compensation and a fuller recovery.

Understanding Workers’ Compensation

Workers’ compensation is a no-fault system, meaning that injured employees can receive benefits regardless of who was at fault for the accident. This system is designed to provide quick and efficient relief, covering medical expenses and a portion of lost wages. In exchange for these benefits, employees typically waive their right to sue their employer for negligence.

However, the benefits provided by workers’ compensation are often limited. They may not fully cover long-term medical care, lost earning capacity, or non-economic damages such as pain and suffering. This is where third-party lawsuits come into play.

What is a Third-Party Lawsuit?

A third-party lawsuit is a legal claim brought against someone other than your employer or a coworker whose negligence contributed to your workplace injury. These lawsuits are separate from workers’ compensation claims and allow you to pursue compensation from the responsible party.

Unlike workers’ compensation, which is a no-fault system, third-party claims require you to prove that the other party was negligent and that their negligence caused your injuries. This means demonstrating that the third party owed you a duty of care, breached that duty, and that the breach directly resulted in your damages.

Common Scenarios for Third-Party Lawsuits

Third-party lawsuits can arise in a variety of workplace injury scenarios. Some of the most common include:

Motor Vehicle Accidents: If you are injured in a car accident while driving for work, you may be able to sue the at-fault driver for damages.
Defective Equipment: If your injury was caused by a defective product, such as a faulty tool or machine, you may have a claim against the manufacturer, distributor, or seller of the product.
Construction Site Accidents: Construction sites often involve multiple contractors and subcontractors. If you are injured due to the negligence of another contractor, you may be able to sue them.
Premises Liability: If you are injured on someone else’s property while performing your job duties, you may have a claim against the property owner for failing to maintain a safe environment. For example, a delivery driver who slips and falls on a poorly maintained walkway could have a premises liability claim.
Negligent Subcontractors: If a subcontractor’s actions or inactions lead to your injury, they may be liable. This is especially common on construction sites where multiple subcontractors are working simultaneously.
Maintenance Companies: Improperly maintained equipment can lead to serious injuries. If a maintenance company’s negligence causes an equipment malfunction that injures you, they could be held responsible.

Proving Negligence in a Third-Party Claim

To win a third-party lawsuit, you must prove that the other party was negligent. This involves demonstrating the following elements:

Duty of Care: The third party owed you a legal duty to act with reasonable care.
Breach of Duty: The third party breached that duty by failing to act with reasonable care.
Causation: The third party’s breach of duty directly caused your injuries.
Damages: You suffered actual damages as a result of your injuries, such as medical expenses, lost wages, and pain and suffering.

Evidence that can be used to support your claim includes:

Incident reports
Witness statements
Photos of the accident scene
Surveillance footage
Medical records
Maintenance or service contracts
Prior complaints or safety violations

Damages Available in a Third-Party Lawsuit

One of the key advantages of a third-party lawsuit is the potential to recover a wider range of damages than what is available through workers’ compensation. In addition to medical expenses and lost wages, you may also be able to recover compensation for:

Pain and Suffering: Compensation for the physical pain and emotional distress caused by your injuries.
Emotional Distress: Compensation for mental anguish, anxiety, and other emotional difficulties resulting from the accident.
Loss of Enjoyment of Life: Compensation for the ways in which your injuries have diminished your ability to enjoy your hobbies, activities, and overall quality of life.
Loss of Consortium: In some cases, a spouse may be able to recover damages for the loss of companionship, affection, and sexual relations resulting from their partner’s injuries.
Future Medical Expenses: Compensation for the cost of ongoing medical treatment, rehabilitation, and long-term care.
Lost Earning Capacity: Compensation for the wages and benefits you are expected to lose in the future as a result of your injuries.

The Interplay Between Workers’ Compensation and Third-Party Claims

It is possible to pursue both a workers’ compensation claim and a third-party lawsuit simultaneously. However, it’s important to understand how these two types of claims interact.

In many states, if you recover money from a third-party lawsuit, your employer’s workers’ compensation insurance company may have a right to be reimbursed for the benefits they have already paid you. This is known as subrogation. The specific rules governing subrogation vary by state, so it’s essential to consult with an attorney to understand your rights and obligations.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which is the time limit for filing a lawsuit. The statute of limitations for personal injury claims varies by state, but it is typically between one and three years from the date of the injury. Missing the deadline to file a lawsuit can result in the loss of your right to recover compensation.

In New York, the statute of limitations for filing a third-party liability or personal injury claim is three years. In Pennsylvania, the statute of limitations for personal injury third-party claims is typically two years. In Washington, you generally have three years from the date of the accident to file a third-party liability claim. In Indiana, third-party claims must be filed within 2 years from the time an accident occurs.

Do You Need a Lawyer?

Navigating the complexities of workers’ compensation and third-party lawsuits can be challenging. An experienced attorney can help you understand your rights, investigate your accident, gather evidence, and negotiate with insurance companies. They can also represent you in court if necessary.

If you have been injured in a workplace accident, it’s essential to seek legal advice as soon as possible to protect your rights and explore all available options for compensation.