Workplace Accident
Injured workers may have both workers' compensation and third-party personal injury claims that together provide far greater recovery.
Workplace accidents injure millions of American workers each year across industries ranging from construction and manufacturing to healthcare, warehousing, and agriculture. While workers' compensation is the primary system for providing injured workers with medical coverage and partial wage replacement, it is not the only avenue for recovery — and it is often an inadequate one. Workers' compensation provides benefits without requiring proof of employer fault, but those benefits are limited: typically covering medical expenses and two-thirds of lost wages, with no compensation for pain and suffering. When workplace injuries are caused by the negligence of a party other than the employer — a general contractor at a construction site, an equipment manufacturer, a property owner, or a subcontractor — injured workers can pursue a third-party personal injury claim simultaneously with their workers' compensation claim. The third-party claim is governed by standard personal injury law, meaning full lost wages, pain and suffering, and future damages are all available. Third-party workplace injury claims are particularly valuable in construction accidents (where multiple contractors work in proximity), industrial accidents (where machinery from outside manufacturers is involved), and motor vehicle accidents that occur while working. Workers' compensation carriers typically have a right to reimbursement from third-party settlements, but an attorney can often negotiate lien reductions that increase the worker's net recovery. The interplay of workers' compensation and third-party claims is complex and requires an attorney experienced in both areas.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Average Settlement Range
Settlement amounts vary based on injury severity, number of liable defendants, available insurance coverage, and the laws of the applicable state. These figures represent broad statistical averages and are not a guarantee or prediction for any individual case.
Common Causes
- •Falls from elevation including scaffolding, ladders, and elevated platforms
- •Struck-by accidents from falling objects, swinging loads, and moving vehicles
- •Caught-in or caught-between machinery causing crushing, amputation, or entanglement
- •Electrocution from inadequate arc flash protection or energized equipment contact
- •Repetitive motion injuries causing carpal tunnel, tendinitis, and musculoskeletal disorders
Who Can Be Sued
Liability in a workplace accident case may extend beyond just the primary at-fault party. Identifying all potentially liable defendants is one of the most important functions of an experienced personal injury attorney.
- 1A third-party contractor or subcontractor whose negligence caused the accident
- 2The equipment manufacturer for defective machinery or tools
- 3The property owner for dangerous premises conditions
- 4A driver who caused a motor vehicle accident during work travel
Key Legal Facts
Workers' comp and third-party personal injury claims can be pursued simultaneously
Pain and suffering — excluded from workers' comp — is fully recoverable in a third-party claim
OSHA citations against the employer or general contractor are admissible evidence of negligence
Construction workers have the richest third-party claim landscape due to the multi-employer worksite environment
Workers' comp lien reductions negotiated by your attorney can substantially increase net third-party recovery
Preserve evidence immediately — employers often clean up accident scenes quickly after OSHA inspection
Statute of Limitations (Filing Deadline)
Workers' comp: typically 1–3 years; third-party personal injury: 2–3 years
Filing deadlines are strictly enforced. Missing the applicable statute of limitations permanently bars your right to seek compensation regardless of how strong your case may be. Consult a licensed personal injury attorney as soon as possible after your accident to ensure your claim is preserved.