Most work-related injuries are handled through workers’ compensation, which covers medical expenses and lost wages without needing to prove fault. But not every workplace injury is solely your employer’s responsibility. In many cases, someone outside your company—a contractor, vendor, or property owner—may have caused or contributed to your injury. That’s where a third-party lawsuit comes into play.
What Is a Third-Party Lawsuit?
A third-party lawsuit is a personal injury claim brought against someone other than your employer whose negligence led to your work injury. Unlike workers’ compensation, which typically prevents you from suing your employer directly, third-party claims are separate legal actions. These suits allow you to pursue compensation from the responsible individual or company, in addition to receiving workers’ comp benefits.
Common third-party defendants include subcontractors on construction sites, manufacturers of defective equipment, maintenance companies, and property owners who failed to address hazardous conditions. If their actions—or inactions—played a role in your injury, they may be held legally accountable.
Common Scenarios Where Third-Party Liability Applies
These types of claims are especially common in high-risk work environments like construction. For example, a worker injured by a collapsing scaffold installed by another company may have grounds to sue that contractor. Similarly, if you’re injured using a defective piece of machinery, the equipment manufacturer could be held liable. Slip-and-fall accidents on improperly maintained property—whether indoors or outdoors—may also lead to a third-party claim against the owner or property management company.
How It Differs from Workers’ Compensation
Workers’ compensation is designed to provide quick relief, but it’s limited in what it covers. You can’t collect damages for pain and suffering, and compensation may not fully cover long-term needs. A third-party lawsuit, however, allows you to seek broader damages—such as emotional distress, future medical expenses, and loss of earning capacity. It’s a way to pursue full accountability and financial recovery when someone outside your employer is at fault.
Working with a Personal Injury Lawyer
Filing a third-party claim can be complex. It requires proving that the third party acted negligently and that their actions directly caused your injury. Evidence gathering, liability analysis, and navigating both workers’ compensation and personal injury laws at the same time can be overwhelming without the right support. That’s where we come in.
At Gash & Associates, we have extensive experience helping injured workers throughout Westchester County pursue third-party claims. We can investigate your case, identify liable parties, and fight for the compensation you deserve.
FAQs: Third-Party Work Injury Claims
What qualifies as a third party in a work injury?
Any individual or company, other than your direct employer, who played a role in causing your injury.
Can I sue a third party and still receive workers’ comp?
Yes. You can receive workers’ compensation benefits and still file a third-party lawsuit separately.
Do I need to prove negligence?
Yes. Unlike workers’ comp, a third-party claim requires proof that someone else’s negligence contributed to your injury.
If you’ve been hurt at work and believe someone outside your employer may be responsible, don’t wait. Contact Gash & Associates today at (914) 328-8800 to explore your legal options.
