When a person is injured at work, it’s often assumed that filing a workers’ compensation claim is the only available option. This system covers medical treatment and lost wages but generally prevents employees from suing their employers directly. However, not every workplace injury is limited to workers’ comp. In some situations, a third party—someone other than the employer or a co-worker—may be legally responsible. These scenarios open the door to a separate legal claim that can address damages not covered by workers’ compensation. Attorneys like those at Pioletti Pioletti & Nichols can attest to how important it is to identify when a third party may be involved.
Looking Beyond the Employer
Workplace injuries don’t always result from actions by the employer. In many industries, employees work alongside contractors, vendors, delivery drivers, and other outside entities. If someone from another company causes the accident—either through action or negligence—that party might be liable through a personal injury claim. This often applies to situations where site safety is compromised by a third party’s decision or behavior.
In construction, for example, subcontractors often work side by side. If a plumber’s crew leaves tools where an electrician trips and falls, the injured worker could potentially sue the plumbing company. This type of liability is separate from the workers’ comp claim filed through the employer and can provide compensation for damages such as pain and suffering, which workers’ comp typically does not cover.
Injuries Caused by Defective Products or Equipment
Another common scenario involves faulty equipment. If a machine malfunctions due to a manufacturing or design defect and causes injury, the injured worker might have a claim against the manufacturer or distributor. Product liability claims are often available when there’s evidence that the equipment was unsafe due to flaws in production or when proper warnings and instructions were not provided.
Third party claims can also stem from failures in maintenance. For instance, if a third party contractor was hired to inspect or repair a forklift and failed to do so properly, leading to an accident, that contractor could be held accountable.
Dangerous Property Conditions at Off-Site Locations
Many jobs require workers to travel to client locations or job sites not owned by the employer. If someone is injured due to unsafe conditions on another party’s property—such as icy walkways, loose wiring, or poor lighting—the property owner or manager may be liable. This type of situation often falls under premises liability law.
In these cases, the injured worker must show that the third party had a duty to maintain safe conditions and failed to do so. Workers hurt offsite may still collect workers’ comp, but that does not prevent them from pursuing a third party claim against the property owner.
Vehicle Accidents During Work Duties
Employees hurt in car accidents while carrying out work duties may be able to take legal action against the at-fault driver if that person isn’t connected to their employer. Delivery drivers, sales reps, and field technicians often spend time on the road. If another motorist causes a crash, a third party claim is usually available.
It’s important to remember that even if the employer covers the vehicle or assigns the task, the third party (in this case, the other driver) is still legally responsible for unsafe driving behavior. These claims can sometimes be more straightforward when police reports and eyewitness accounts clearly point to the third party’s negligence.
How Legal Support Helps Identify a Viable Claim
Many job-related injuries may qualify for a third party claim, even though it’s not always immediately clear. A workplace injury lawyer can help identify outside parties who may be liable, review the facts of the incident, and advise whether an additional claim can be made. Since these cases often involve evidence collection beyond what workers’ compensation requires, having the right legal guidance early on matters.
Third party claims offer a way to recover full damages, including those workers’ compensation does not address. When another party’s negligence contributes to an injury, the law provides an additional legal remedy beyond the employer’s responsibilities. Our legal professional can discuss how these claims can support injured workers in getting the broader compensation they may need.