Can I Sue a Third Party for a Workplace Injury Even if I Already Received Workers’ Comp?

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When you’re injured at work, workers’ compensation typically covers your medical bills, lost wages, and rehabilitation costs. However, in some cases, workplace injuries are caused not by your employer or coworkers but by a third party—an individual or company separate from your employer. If a third party’s negligence led to your injury, you might have grounds to sue them even if you’re already receiving workers’ compensation benefits.

While the laws regarding workers’ compensation and third-party lawsuits may seem challenging, a basic understanding of the details and the process will help you take more control of your situation. It is important for you to know all your options after an injury, so you can make the right choices for your recovery.

What is Workers’ Compensation?

Workers’ compensation is a state-mandated program that provides benefits to employees who are injured or become ill as a direct result of their job. Workers’ comp covers:

  • Medical expenses
  • A portion of lost wages
  • Disability benefits
  • Rehabilitation costs

In exchange for receiving these benefits, employees generally give up the right to sue their employer for negligence, except in specific cases of gross misconduct or willful harm. However, this does not eliminate the possibility of pursuing a third-party lawsuit.

AG

April Gibson

★★★★★

I must admit first impression was a little iffy as it had been a week since my husband signed papers and we hadn't heard anything. Today I emailed and said that I hadn't heard anything from them in almost a week and I wasn't even sure who my husband's attorney was. Within minutes I was receiving a phone call from the law firm and the gentleman put me in touch with my husband's paralegal who works with his attorney and she did an intake and was very friendly. Her name was Emily chica. She answered all my questions she let me explain everything about my husband's injury that I felt she needed to know even if she didn't need that information she still let me explain it. She gave me a very detailed timeline of how the next several months will go with the case and told me in order of everything that would be happening next. Then she also gave me the date and time that she'll be calling us and checking in with an update, which is one week away. She was kind and concerned and asked how we were doing since my husband is on unpaid FMLA leave. Even though my husbands job told him he could not return to work until certain stipulations were signed she reassured us that the disposition she sends to workers comp would see to it that he sees the doctors he needs to see at which point those doctors would give specifications for my husband to return to his normal job or his job would have to find him a different position to do and if that was not possible then they would have to pay him for being at home. This was comforting to hear since we unfortunately solely rely on my husband's income and we also have three children two of which are starting back to school and need school supplies, school clothes, haircuts, & new shoes. So I am optimistic and feel confident in our choice to work with this Law firm.

What is a Third-Party Lawsuit?

A third-party lawsuit allows you to seek compensation from a party other than your employer, who may have contributed to your injury. Examples of third parties who could be responsible for a workplace injury include:

  • Equipment manufacturers may be liable if faulty machinery or defective tools caused your injury.
  • Property owners might be to blame if you were injured on someone else’s property while performing work-related duties.
  • Subcontractors could share responsibility if you work in an environment where other companies or contractors are present, and one of their actions led to your injury.
  • Other drivers may be responsible if you were injured in a car accident while performing work duties, and you may be able to sue the at-fault driver.

Unlike workers’ comp, which limits the types of compensation you can receive, a third-party lawsuit allows you to recover damages beyond those covered by workers’ comp, including:

  • Pain and suffering
  • Full lost wages (including the portion not covered by workers’ comp)
  • Punitive damages in cases of egregious conduct

Why Consider a Third-Party Lawsuit?

While workers’ compensation covers many costs related to your injury, it has limitations. For example, workers’ comp only covers a percentage of your lost wages and often doesn’t compensate for pain and suffering. A third-party lawsuit can bridge this gap and provide additional financial relief.

A successful third-party claim could significantly increase your compensation, especially in cases where long-term care or severe, permanent injuries are involved.

Can I Receive Both Workers’ Comp and a Third-Party Settlement?

Yes, you can receive workers’ compensation benefits and sue a third party, but there are some important details to consider, such as:

  • Workers’ Comp Lien: In most states, if you win a third-party lawsuit, your employer’s workers’ compensation insurer may place a lien on your recovery. This means they can claim reimbursement for the workers’ comp benefits they’ve already paid you. Essentially, they are reimbursed from your third-party settlement or verdict.
  • Double Recovery: You cannot “double-dip” by receiving the same type of compensation from both workers’ comp and a third-party lawsuit. For example, if workers’ comp has already covered your medical bills, you cannot claim medical expenses in your third-party suit. However, you can still pursue other damages not covered by workers’ comp, such as pain and suffering.

How Do I Determine if a Third-Party Lawsuit Applies to My Case?

Determining whether a third-party claim is possible depends on the specifics of your injury and who was responsible. Some situations where third-party lawsuits may apply include:

  • Faulty or defective products: If you were injured by malfunctioning equipment or defective safety gear, you might have a product liability claim against the manufacturer.
  • Car accidents: If you were involved in a motor vehicle accident while performing work-related duties, and the other driver was at fault, you may have a personal injury claim.

Premises liability: If you were injured on someone else’s property due to unsafe conditions, the property owner may be liable for your injuries.

How Can RTRLAW Help Me Navigate My Third-Party Lawsuit?

Navigating the complex intersection of workers’ compensation and third-party lawsuits can be challenging. This is where having an experienced attorney becomes invaluable. At RTRLAW, our attorneys have extensive experience handling both workers’ compensation claims and third-party lawsuits. We will take steps to:

  • Evaluate your case: We’ll carefully review your injury, determine if third-party liability exists in your case, and explain the best legal options available.
  • Maximize your compensation: We’ll work to ensure you receive full and fair compensation, whether through workers’ comp, a third-party lawsuit, or both.
  • Handle the legal process: From filing claims to negotiating settlements and pursuing litigation, we’ll manage every aspect of your case, allowing you to focus on your recovery.

Even if you are already receiving workers’ compensation benefits, you may still be entitled to additional compensation through a third-party lawsuit if someone other than your employer was responsible for your injury. A successful third-party claim can provide broader compensation, which can help you cover the full extent of your losses.

If you’ve been injured at work and believe a third party may be responsible, contact RTRLAW today for a free consultation. Our experienced attorneys are ready to help you understand your rights and pursue the compensation you deserve. Call 1-833-HIRE-RTR or email to schedule a consultation.

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