Third Party Lawsuits and Workers Compensation

If you were injured at work, but not by a coworker, your employer, or your own carelessness, you may be able to get additional compensation with a third party lawsuit. In these lawsuits you have to prove that the other person is negligent. These lawsuits are common for construction accidents and car accidents at work.

To decide whether this type of lawsuit is right for you, depend on the expertise of your attorney. To find an attorney who can help you make this decision, please contact

When You Can File a Third Party Lawsuit?

In order to be able to file a third party lawsuit, your accident and injuries must be due in whole or in part to the negligence of someone other than your employer or coworkers. Otherwise, you can get compensation with a workers’ compensation claim, but cannot file a lawsuit. Common situations when you may be entitled to file a third party lawsuit even when your injury occurred while you were on the job include:

  • Construction site accidents

  • Car accident at work

  • Defective product that results in injury at work

  • Property owner negligence at workplace

  • Maintenance company failure

And other instances where you are working with other individuals and contractors.

Benefits of Third Party Lawsuits

Workers’ compensation is a good deal, but in some cases a third party lawsuit is a good option as well. A third party lawsuit allows you to get full compensation for lost wages, as well as noneconomic damages like pain and suffering. You may also be able to get punitive damages.

In addition, you can continue collecting workers’ compensation payments while you are waiting on your third party lawsuit to progress. However, if you win a third-party verdict or settlement, you may be expected to pay back workers’ compensation from your award.

Is a Third Party Lawsuit Right for You?

Because of the complicated factors that go into making this decision, you will have to talk to a workplace accident attorney before deciding whether a third party lawsuit will be right for you. Factors to consider include:

  • How much compensation you might receive

  • How much you may have to pay back to workers’ compensation or private insurance

  • How expensive a lawsuit will be to pursue

  • How much time and effort a lawsuit will cost

By carefully weighing these factors with your lawyer, you can make the right decision for your case.

To get in contact with an experienced workplace accident attorney, please contact today.