Third-Party Injury Lawsuits

Workers' compensation usually stops you from suing your own employer for a work injury. But another person or company may share the blame. A claim against them is called a third-party claim, and it can bring money that workers' comp does not.

• Injured Workers
• Families
• Survivors

The exclusive remedy rule

In most places, workers' comp is the exclusive remedy against your direct employer: you get benefits without proving fault, and in return you generally cannot sue the employer. There are narrow exceptions that vary by state. See Workers' Compensation.

Who might be a third party?

• Equipment or product makers whose machine, tool or PPE was defective or lacked a guard (product liability).
• Other contractors on the site whose negligence injured you, if they are not your employer.
• The property owner or general contractor, in some cases. The rules vary by place.
• Drivers who cause a crash while you were working.
• Subcontractors, suppliers, designers or maintenance companies that failed in their duties.

See Multi-Employer Worksites for how responsibility is shared on sites.

Why it matters

• Workers' comp pays medical bills and a portion of lost wages, but not pain and suffering. A third-party claim may cover full damages like pain, loss of future earnings and disability.
• In a fatal accident, family members may bring a wrongful death claim against third parties.

Comp liens and reimbursement

• The workers' comp insurer usually has a right to be repaid from a third-party recovery for benefits it paid (subrogation or lien), often after attorney fees. Rules differ by state.
• A settlement with a third party can affect your comp rights. Do not sign anything before talking to a lawyer.

Deadlines and evidence

• Deadlines (statutes of limitations) are often two to three years in injury cases, but can be shorter, especially against government bodies
• Report the injury and file the comp claim right away. See Workers' Comp Claim Steps
• Preserve evidence: photos, equipment, witness names, reports, medical records. Do not repair or discard the equipment that hurt you
• Consult a personal injury or workers' injury attorney early; many take cases for a contingency fee
• Do not post about the accident on social media

Last updated: October 8, 2026