Did you know workers’ comp isn’t always your only option after a job injury? If someone not your employer caused it, you may be able to file a third-party lawsuit. You might be able to collect workers’ compensation at the same time.
Defining a Third-Party Lawsuit in a Workers’ Compensation Case
Most injured workers know about workers’ compensation. Fewer know they may have a second claim.
Workers’ compensation is a trade-off. You get medical care and part of your lost wages, no matter who was at fault. In return, you usually cannot sue your employer for the injury. This “exclusive remedy rule” only protects your employer, not a third party.
Example: Alabama
Under Ala. Code § 25-5-11, you can file a third-party lawsuit and still collect workers’ comp. Our guide on workers’ compensation vs. personal injury claims explains how the two categories compare.
Who is Eligible to be a Third-Party
A third party is anyone who helped cause your injury, but they’re not your employer. At Alexander Shunnarah Trial Attorneys, we’ve helped thousands of employees like you. We’ve built cases against negligent third parties, including drivers and manufacturers.
A Negligent Driver
If you drive for work and another driver hits you, then that person is a third party. You can pursue their insurance plus your comp benefits.
An Equipment Maker
If a defective machine, tool, or piece of safety gear hurt you, the company that made it may be liable. A faulty respirator or a machine with no guard are common examples.
A Subcontractor or Another Company
Job sites often have workers from many companies. If a subcontractor’s crew caused the accident, that company may owe you, even though it is not your employer.
A Property Owner
If an unsafe condition on someone else’s property hurt you, the owner may be responsible.
Determining who counts as a third party requires studying the facts. The best thing you can do is talk to a workers’ compensation attorney.
Why You Should File a Third-Party Claim on Top of Workers’ Comp
Workers’ comp helps, but it does not cover everything. A third-party claim can fill the gaps.
Workers’ comp pays your medical bills and part of your lost wages. But it does not pay for pain and suffering. Plus, it only covers a portion of your lost wages. For a serious injury, that shortfall can be huge.
Unlike comp, a third-party lawsuit can recover full lost wages, pain and suffering, and more. This matters most in severe cases. Think of a worker left with a chemical burn from a defective product. Our guide on chemical burns at work shows how a third-party claim can apply.
Basically, workers’ compensation covers the basics, no matter who was at fault. A third-party claim fights for everything that the comp leaves out.
Frequently Asked Questions About Third-Party Work Injury Claims
What is a third-party lawsuit in a workers’ comp case?
A third-party lawsuit in a workers’ comp case is a claim against someone other than your employer who caused your work injury. Workers’ comp is usually your only claim against your employer. But you can sue an at-fault third party, like a negligent driver or equipment maker.
Can I file a third-party lawsuit and get workers’ compensation at the same time?
Yes, if someone other than your employer caused your injury. Then, you can file a third-party lawsuit and get workers’ compensation at the same time. Workers’ comp covers your basic losses no matter who was at fault. The third-party claim pursues the at-fault party for damages that comp doesn’t pay, like pain and suffering.
Who can I sue as a third party after a work injury?
You may be able to sue a third party. Examples include a negligent driver, the maker of defective equipment, a subcontractor, or a property owner. The key is that the party is not your employer and their carelessness helped cause your injury.
Does a third-party claim pay more than workers’ comp?
Yes, it can. Workers’ comp pays medical bills and part of your lost wages, but not pain and suffering. A third-party claim can recover full lost wages, pain and suffering, and other damages. For a serious injury, a third-party lawsuit often provides much more than comp alone, which is why pursuing both can matter so much.
Will I have to pay back my workers’ comp?
It depends. If you win a third-party lawsuit, your workers’ comp insurer has a right to be repaid through subrogation. The insurer generally must share in your legal fees. However, an attorney can negotiate the amount down.
Trust Alexander Shunnarah Trial Attorneys Today
After you’re hurt, workers’ compensation is a start, but it’s rarely the whole story. If a third party hurt you, you may be owed more. Our attorneys are dedicated to handling both claims to fight for your recovery. Schedule a free case review today.
Reviewed by Alexander Shunnarah, Attorney and Chief Executive Officer at Alexander Shunnarah Trial Attorneys, on 2026-09-29.
