Workers’ comp vs. third-party claims
Workers’ compensation provides medical care and partial wage replacement regardless of fault — but the benefits are limited and you generally cannot sue your employer. When a third party (a contractor, equipment manufacturer, property owner, or driver) caused or contributed to the injury, you may also have a separate personal injury claim with full damages available.
Common third-party workplace claims
- Construction site injuries — injuries caused by subcontractors, defective equipment, or property owner negligence
- Defective equipment — power tools, machinery, scaffolding, or vehicles with design or manufacturing defects
- Toxic exposure — asbestos, silica, chemical burns, or other workplace hazards
- Vehicle accidents — when driving for work and hit by another driver
- Contractor negligence — injuries caused by the work of an independent contractor on the property
Steps to protect your rights
- Report the injury to your employer immediately and in writing.
- Seek medical attention and follow all treatment recommendations.
- Document the scene — photos, equipment involved, witness names.
- Preserve evidence — defective equipment, maintenance records, safety violations.
- Talk to a lawyer before giving recorded statements to anyone other than your own doctor.