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If you were injured on the job, you might assume that workers’ compensation is your only option. While this system does cover your medical expenses and lost wages, it doesn’t always account for your full losses—especially in serious workplace accidents.
In some situations, injured workers may also be eligible to file a third party workers compensation claim. This type of claim can significantly increase your financial recovery when someone outside your employer is responsible for your injuries.
At OnderLaw, we help injured workers explore every possible avenue for justice and compensation—including filing a third-party lawsuit.
A third party claim arises when your workplace accident is caused by someone other than your employer or co-worker. Unlike standard workers compensation claims—which operate under a no-fault system—a third party liability claim is a personal injury lawsuit. It requires you to prove that the outside party owed you a duty of care, breached that duty, and caused your injuries. Download the DOL third party liability guide here.
Injuries caused by defective products (manufacturer liability)
Car accidents while driving for work
Injuries on unsafe premises (property owner liability)
Accidents involving outside contractors at multi-employer sites
Filing a third party claim may allow you to recover damages for pain and suffering, emotional distress, permanent disability, and even punitive damages—compensation not available through standard workers compensation benefits.
Workers compensation insurance provides coverage for:
Medical expenses
Partial wage replacement
Rehabilitation and therapy
However, these benefits don’t cover non-economic damages or full wage loss. By filing a third party claim, you could be eligible for:
Full lost wages and loss of future earning capacity
Pain and suffering
Disfigurement and emotional distress
Loss of enjoyment of life
This dual approach allows injured workers to collect workers comp benefits and pursue third-party damages, although you may be required to reimburse your insurer if the third party claim is successful.
Start by determining who else may be responsible for your injury. This could include:
A negligent driver
A property owner who failed to fix a hazard
A manufacturer of defective equipment
A subcontractor or vendor on a worksite
Notify your employer within the required window—often 30–90 days after the incident. You must also file a workers compensation claim with your state’s board.
Working with an experienced attorney is critical. A third party case requires evidence of:
Duty of care
Breach of duty
Causation
Damages
You’ll need accident reports, medical records, witness statements, and possibly expert testimony to build a strong case. Our guide to important documents in injury claims can help you get organized.
Employer notification: Usually within 30–90 days
Workers comp filing: Often between 30 days and 2 years
Third party lawsuit: Typically 1–3 years depending on your state
If you miss these deadlines, you may lose your right to recover damages. Learn more about exceptions to filing limits.
To succeed in a third party claim, you must show the other party was negligent. This involves proving:
They owed you a duty of care
They breached that duty
Their actions caused your injury
You suffered measurable harm
Examples of this include a property owner failing to fix a broken staircase or a driver texting behind the wheel.
If you’re unsure whether negligence played a role in your accident, our resource on comparative fault offers further insight.
While workers comp has limits on benefits, third party cases may yield significantly higher payouts.
Economic Damages
Full medical bills (past & future)
100% of lost wages
Loss of future earning ability
Non-Economic Damages
Pain and suffering
Mental anguish
Loss of enjoyment of life
Disfigurement and scarring
Explore the true cost of injury to understand how much compensation you may be entitled to.
Your employer’s workers compensation insurer may seek reimbursement through subrogation if you win a third party case. This process can affect your final settlement amount.
Additionally, disputes may arise regarding:
Fault and liability
Pre-existing conditions
The extent of your injuries
Our attorneys at OnderLaw are experienced in resolving complex construction-related claims and navigating multi-party liability.
Your recovery includes both physical and financial components. Workers compensation covers most rehabilitation services, including physical therapy and retraining.
If your injury impacts your long-term ability to work, you may also be eligible for:
Vocational training
Modified duty options
For severe injuries, federal programs like SSDI may provide additional support.
A third party workers compensation claim is a powerful legal tool that can help you secure the full compensation you deserve. However, these claims are time-sensitive and legally complex. At OnderLaw, we guide injured workers through both systems—workers comp and third party litigation—to ensure they get the justice they deserve.
If someone outside your employer caused your workplace injury, don’t leave compensation on the table. Let our experienced legal team review your case and determine the best strategy for maximum recovery.
Workers’ compensation cases involving third parties often raise complex legal questions. Here we answer the most common questions about these claims to help injured workers understand their rights and options.
Third-party lawsuit settlements in workers' compensation cases typically range from $50,000 to several million dollars, depending on injury severity and circumstances. These amounts are often higher than standard workers' compensation benefits. The settlement value depends on factors like medical costs, lost wages, pain and suffering, and future earning capacity. Unlike workers' compensation, these claims can include damages for pain and suffering and full wage replacement. Each case is unique, with settlements reflecting the specific facts and liability of outside parties involved in causing the workplace injury.
Contributory negligence can reduce or eliminate your recovery in a third-party claim, depending on your state's laws. If you're found partially responsible for your injury, your compensation may be reduced by your percentage of fault. In states with comparative negligence rules, your award decreases proportionally to your fault percentage. Some states follow a modified comparative negligence standard, where you cannot recover if you're more than 50% at fault. Pure contributory negligence states may bar recovery entirely if you bear any responsibility, though these are now rare.
Third-party negligence occurs when someone other than your employer or coworkers fails to exercise reasonable care, resulting in your workplace injury. This might include equipment manufacturers, property owners, or contractors. Common examples include defective products causing injury, vehicle accidents during work duties, or unsafe conditions on properties not owned by your employer. The third party must have had a duty of care, breached that duty, and directly caused your injury for negligence to be established.
Workers' compensation claims are filed against your employer's insurance regardless of fault but only cover medical expenses and partial wage replacement. They don't compensate for pain and suffering or full lost wages. Third-party claims are personal injury lawsuits against entities other than your employer who contributed to your injury. They require proving negligence but can provide more comprehensive compensation. These claims can be pursued simultaneously, though any third-party recovery may be subject to a lien from the workers' compensation insurer for benefits already paid.
To file a third-party claim, you must identify a responsible party other than your employer or coworkers. The claim must be filed within your state's personal injury statute of limitations, typically 1-3 years from the date of injury. You must establish the four elements of negligence: duty, breach, causation, and damages. Documentation of your injury, medical treatment, and evidence of the third party's negligence is essential. Most states require you to report any third-party settlement to the workers' compensation insurer, as they may have a right to reimbursement for benefits paid.
You can pursue a third party when your workplace injury involves defective machinery or tools manufactured by an outside company. Vehicle accidents where another driver caused your injury while you were working also qualify. Construction site injuries caused by contractors or subcontractors other than your employer are common third-party scenarios. Property owners may be liable if dangerous conditions on their premises caused your work-related injury. Chemical exposure from products made by outside companies and injuries caused by contracted maintenance personnel are other situations where third-party claims may be appropriate.
