When winning is the only option

After I was injured, I filed a workers’ compensation claim. Can I also file a third-party injury lawsuit?

What is a third-party injury claim?

When a worker is injured on-the-job, he or she has a right to file a claim for workers’ compensation. If the injury was caused by someone other than the employer, the injured worker may have the right to file a separate personal injury claim against the person, company or organization responsible for the injury. That person or entity is called the third-party; therefore, lawsuits against that person or entity are known as third-party injury lawsuits.

Examples of Third-Party Workplace Injuries

  • When repairman is fixing a broken window. While he is repairing the window, the porch he is standing on gives way causing him to full and break his hip. The homeowner may be liable for the injury.
  • A property owner lets his dog into the yard while workers are fixing his roof. The dog gets agitated and bites one of the workers. The dog owner is at fault.
  • A delivery driver is rear-ended while driving his route. He suffers neck and spinal cord injuries. The driver of the other vehicle may be liable for damages.
  • A worker cuts his arm while using a circular saw. The machine guard that was supposed to protect the worker was not properly fitted. The manufacturer and supplier of the tool may be considered responsible for the injury.
  • A drywall worker slips and falls on freshly installed flooring. The subcontractor who installed the floor did not put up signs warning that the freshly waxed floor was slick. The subcontractor or construction site manager may be held responsible.

Compensation for Third-Party Claims

Third-party injury lawsuits provide additional compensation that goes beyond the benefits provided workers’ compensation. Like workers’ compensation, a third-party lawsuit will cover medical bills related to the injury. However, a third-party lawsuit will also cover all lost wages (workers’ compensations pays only a portion) as well as damages for pain and suffering, emotional distress, loss of consortium and loss of enjoyment. A third-party lawsuit will also cover any property damage you experienced as a result of the accident that caused your injury. In some cases, punitive damages are also available.

Questions? Ostroff Injury Law Can Help

Wondering if you have a third-party injury claim? Contact the work site injury attorneys at Ostroff Injury Law to schedule a FREE case evaluation. An experienced injury attorney will tell you how much your case is worth and who is liable for your injury. Call (800) 818-8148 to schedule an appointment.

  • Categories

  • Recent News

  • millions-of-dollars-banner
  • Get Started For Free

    Get started for free with our no obligation consultation if you think you may have a case. If we do accept your case, you pay us nothing until we successfully recover money for you! Find out how we can help.

    Start Live Chat

    We’re available 24/7. Click to chat with a live representative now.

    Call a Representative

    Discuss your case with a personal injury attorney. Call now to learn if we can help you.

    Free Case Evaluation

    Get started by scheduling your case evaluation.

    Plymouth Meeting

    527 Plymouth Road, Suite 413
    Plymouth Meeting, PA 19462

    (800) 818-8148
    (484) 351-0350

    Get Details

    Philadelphia

    One Liberty Place
    1650 Market St, Suite 5150
    Philadelphia, PA 19103

    (215) 586-5310

    Get Details

    Cherry Hill NJ

    1101 N Kings Highway, Suite 209
    Cherry Hill, NJ 08034

    (856) 249-2110

    Get Details