What is a third-party workplace injury claim?

A third-party claim is a legal action against someone other than your employer who contributed to your workplace injury. In most US states, workers' compensation prevents suing your employer directly, but does not prevent claims against other parties — such as contractors, equipment manufacturers, property owners, or other companies on site.

Can I claim workers' compensation and also bring a third-party claim?

In many states, these two routes can run alongside each other. However, if you receive workers' compensation, your employer's insurer may have subrogation rights — meaning they can seek to recover some of what they paid from any third-party settlement or judgment. An attorney can explain how this works in your state.

Who can be a third party in a workplace injury claim?

Any party other than your direct employer who contributed to your injury may be a potential defendant. Common examples include equipment manufacturers, maintenance contractors, other companies' employees on the same site, property owners, trucking companies, and chemical suppliers.

Why bring a third-party claim as well as workers' compensation?

Workers' compensation typically covers medical costs and a portion of lost wages, but may not cover pain and suffering, full lost income, or other losses. A third-party claim can potentially allow recovery of a broader range of losses. The specific benefits depend on the applicable state law and the facts of the case.

Claim Type

Third-Party Workplace Injury Claims

Quick answer

A third-party workplace injury claim is a lawsuit against someone other than your employer — such as a contractor, equipment manufacturer, or property owner — whose negligence contributed to an industrial accident. These claims can run alongside workers' compensation and may recover damages workers' comp does not cover, including pain and suffering.

Private industry workers experienced approximately 2.8 million nonfatal occupational injuries in 2022; many involve negligent third parties, according to the Bureau of Labor Statistics. BLS Survey of Occupational Injuries and Illnesses (2022)

Third-party workplace injury claims allow injured workers to pursue compensation from parties other than their employer — such as contractors, equipment manufacturers, or property owners — whose negligence contributed to the accident. In most US states, workers\' compensation does not prevent these claims, and the two routes can run alongside each other.

Reviewed by Gerald Lee Cross Jr, Managing Partner · Cross & York LLP

Why Workers' Compensation Is Not Always the Full Picture

Workers' compensation was designed as a no-fault system: injured workers receive benefits without having to prove their employer was negligent, in exchange for giving up the right to sue the employer directly. This trade-off applies to claims against the employer.

It does not apply to claims against other parties. If a contractor, manufacturer, or another company contributed to your injury, you may be able to pursue a separate legal claim against them.

Who Can Be a Third Party

Equipment and machinery manufacturers
Maintenance and service contractors
General contractors and subcontractors on the same site
Property owners and premises operators
Engineering firms
Chemical and materials suppliers
Staffing and labour hire companies
Trucking and transport companies
Safety equipment manufacturers

What Third-Party Claims Can Cover

Third-party claims can potentially allow recovery for losses that workers' compensation does not cover, including pain and suffering (where available under state law), full lost earnings rather than the fraction covered by workers' compensation, and other losses recognised under state tort law.

How the Two Routes Interact

In most states, bringing a third-party claim alongside workers' compensation is permitted. However, if you receive workers' compensation benefits and also recover from a third party, the workers' compensation insurer may have subrogation rights.

An attorney can advise on how these rules work in your state and how to manage both routes effectively.

How an Attorney Can Help

Identifying all potentially liable third parties — and gathering the evidence to support claims against them — requires careful investigation. An attorney can investigate the full circumstances, identify all potential defendants, and advise on the best approach. See also: workers' compensation vs lawsuit, defective equipment claims, and preserving evidence for your claim.

Request a Free Case Review

No obligation · No fee · Confidential · No attorney-client relationship created by submitting

Legal Notice: The information on this page is for general information only and is not legal advice. Every case is different. Prior results do not guarantee a similar outcome. Laws vary by state and individual circumstances affect all legal claims. Contacting this firm does not create an attorney-client relationship. This content may be considered attorney advertising.

Who May Be Legally Responsible?

In industrial accident cases, legal responsibility may extend beyond the immediate employer. Other companies, contractors, or manufacturers may have contributed to the conditions that caused the injury.

Equipment manufacturers

Where defective machinery, tools, or safety equipment contributed to the injury

Maintenance contractors

Where poor maintenance of machinery or the worksite created dangerous conditions

Site owners and premises operators

Where the condition of the premises contributed to the accident

General contractors

Where a general contractor had responsibility for site safety

Subcontractors

Where a subcontractor's work or conduct contributed to the incident

Trucking and logistics companies

Where industrial vehicle operators or their employers were involved

Chemical suppliers

Where a supplier provided inadequately labelled or unsafe chemicals

Safety contractors

Where a company responsible for safety systems or training failed in its duties

Other negligent third parties

Other companies or individuals whose negligence may have contributed

Whether any of these parties may be legally responsible depends on the specific facts of each case. An attorney can investigate what happened and identify all potentially liable parties.

What a Claim May Cover

Types of Compensation That May Be Available

The types of compensation available depend on the specific facts of each case, the applicable state law, and who is found legally responsible. An attorney can review your situation and explain what may apply.

We do not promise any particular outcome. Every case is different and prior results do not guarantee a similar outcome.

Medical care and treatment costs

Including emergency care, surgery, hospitalisation, and specialist treatment

Lost wages and income

Earnings lost during recovery or absence from work

Reduced earning capacity

Where an injury affects future ability to work or earn at the same level

Pain and suffering

Where available under applicable state law

Future medical care

Ongoing treatment, rehabilitation, and long-term care where required

Disability

Permanent or partial disability damages where applicable

Disfigurement

Where the injury has caused lasting physical disfigurement

Wrongful death damages

Available to qualifying family members where an industrial accident caused death

Frequently Asked Questions

Request a Free Industrial Accident Case Review

Speak with an attorney about your situation. There is no obligation and no fee to speak with us.

Check If You Have a Claim Call (202) 934-2954

Confidential enquiry · No obligation · No attorney-client relationship created by website contact

Related Practice Areas

Workers' Comp vs Lawsuit →

Understanding the two routes and how they interact.

Defective Equipment Claims →

Product liability claims against manufacturers.

Industrial Accident Lawyers →

Overview of industrial accident claims.

Factory Accident Lawyers →

Factory accident third-party claims.

Evidence for Your Claim →

What evidence supports a third-party claim.

Serious Injury Claims →

Catastrophic injury and third-party liability.