Workplace Injury Workers Comp vs. Third-Party Lawsuit: Know the Difference

## Workers Comp and Third-Party Claims: Two Paths to Compensation

Workers compensation is an exclusive remedy against your employer in most cases, meaning you generally cannot sue your employer in civil court for a workplace injury. However, when a third party — someone other than your employer — contributed to your injury, you can pursue a separate personal injury lawsuit while simultaneously collecting workers comp benefits.

Third-party claims after workplace injuries often produce far larger recoveries than workers comp alone because they allow full compensation for pain and suffering, which workers comp does not cover.

Common Third-Party Claims After Workplace Injuries

Third-party lawsuits arise most frequently when defective equipment causes injury, when a contractor or subcontractor's negligence harms workers on a job site, or when a vehicle accident occurs during work-related driving. Product liability claims against equipment manufacturers can be especially valuable.

• Identify all parties present at the accident scene beyond your direct employer
• Preserve defective equipment — do not allow it to be repaired or discarded
• Document the involvement of contractors, vendors, or other third parties
• File both your workers comp claim and preserve your right to a third-party suit

Workers compensation liens allow your employer's insurer to recover some funds from your third-party settlement, but skilled attorneys negotiate these liens down significantly. Even after the lien, injured workers in third-party cases frequently receive substantially more than they would through workers comp alone. Consulting an attorney who handles both workers comp and personal injury law maximizes your total recovery.