Third party action

What is a third party action?

A third party action is a lawsuit against someone other than your employer for a workplace injury, brought alongside or instead of a workers' compensation claim.

It exists because exclusive remedy bars suing your own employer for ordinary negligence, but that bar protects only the employer, not other parties whose conduct contributed to the injury.

For a serious workplace injury, this is generally the route to full damages including pain and suffering, which workers' compensation never provides.

Identifying who else might be responsible is therefore often the single most valuable thing that happens early in a workplace injury case.

Who is commonly a third party defendant?

The available defendants depend heavily on the specific work and setting.

• A general contractor on a construction site
• Another subcontractor working in the same space
• A property owner who retained control or created a hazard
• An equipment manufacturer where a machine malfunctioned
• A maintenance contractor responsible for the equipment
• A negligent driver, where the injury occurred in a work vehicle on the road

How does this interact with workers' compensation?

The two proceed together rather than one replacing the other. Compensation benefits begin regardless of fault, while the third party action addresses full damages against the other responsible party.

The compensation carrier is entitled to a Section 40 lien against any third party recovery, reimbursing what it has paid in benefits.

This lien reduces the net recovery but does not eliminate the value of pursuing the claim, since third party damages reach categories compensation never covers at all.

How is a third party identified?

Through site investigation focused on who controlled what, and prompt evidence preservation before records are lost.

Contracts, insurance certificates, permits and safety records establish the relationships and responsibilities among various parties on a job site.

Equipment involved in the injury should be preserved and inspected, since a malfunction may point to a manufacturer or a maintenance contractor.

Witness accounts from coworkers frequently reveal control and knowledge that documents alone do not capture.

Common questions

Can I sue a coworker for causing my injury?

Generally coworker negligence within the scope of employment is treated like the employer's own negligence and barred by exclusivity, though the specific facts matter.

Does pursuing a third party action affect my workers' compensation benefits?

No. The comp claim continues independently, with the compensation carrier's lien addressed once the third party case resolves.

What if I do not know who else might be responsible?

That is exactly what early investigation is for. Reviewing the site, the contracts and the equipment involved frequently reveals defendants that are not obvious at first.