If someone outside your job played a role in your injury, you might have a lot more on the table than you think. Let's break down what third-party claims are, how they fit into your comp case, and what you need to know so you don’t miss out on something huge.
A third-party claim is simply a separate lawsuit against someone who isn’t your employer or coworker. In the comp world, you’re the first party, your employer and coworkers are the second party, and everyone else is “third party.”
If a negligent driver hits you, if a subcontractor leaves a mess that causes you to fall, if a building owner fails to maintain their property, or if a tool malfunctions because it was poorly designed—that’s all third-party territory. Workers’ comp won’t pay for things like pain and suffering or full lost wages, but a third-party lawsuit can.
Workers’ comp is really just meant to keep you afloat. It covers your medical treatment and part of your lost wages, but that’s about as far as it goes. There’s no money for what the injury did to your actual life—your pain, your stress, your future income, or how your day-to-day has changed. It’s a safety net, not a full recovery.
A third-party claim is a whole different ballgame. When someone outside your job caused your injury, you can sue them—and that opens the door to a much bigger range of compensation. Instead of being stuck with limited benefits, you can go after the full value of what the injury cost you.
That means things like:
Yes—you absolutely can, and in most cases, you should.
Workers’ comp and third-party lawsuits are designed to work side by side. A lot of people think they need to choose one or the other, but that’s not how the system works. In fact, if you’re planning to sue a third party, you’re usually required to file a workers’ comp claim first. The defendant can actually use it against you if you don’t.
The two cases don’t cancel each other out. They don’t compete. They run at the same time, and when handled correctly, they support each other. Comp keeps your treatment and benefits moving, and the third-party case builds toward full compensation.
If there’s even a chance someone outside your job played a role in your injury, treat it like you might have two cases right from the start. Third-party claims are incredibly valuable, but they’re also easy to lose if you don’t take the right steps early.
Here’s what to do:
1. Report the injury right away.
Don’t wait. Letting too much time pass gives the insurance company room to argue that the injury didn’t happen at work or isn’t serious.
2. Get medical care and make sure the doctor knows exactly what happened.
Tell them the full story so it ends up in your records. Details like how you fell, what malfunctioned, or who caused the accident matter a lot later.
3. Save evidence while you can.
Take photos, get witness names, keep damaged equipment—anything that helps show what actually happened. Job sites get cleaned up fast, and once the evidence is gone, it’s gone.
4. Talk to a lawyer early.
You don’t have to know whether you actually have a third-party case—that’s the attorney’s job. You just need to have a gut feeling that someone outside your company might be responsible. A quick call can make sure both claims get filed properly and on time.
If you’re dealing with a work injury and you’re not sure what your options are, reach out. You can call me, Rex Zachofsky, anytime. I’m here to make sure you understand your rights and aren’t leaving anything on the table.
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