What to Do If Someone Who's Not an Employee—a Third Party—Is at Fault for Your Workplace Injury

If a third party (someone who does not work for your employer) was at least partly responsible for your work-related accident, then you may be able to recover workers’ compensation benefits and seek more money from that third party.

There are many situations when someone other than the employer is to blame for the accident. For example, suppose you are driving on a work-related errand, and another car crashes into you, the at-fault driver was not working for your employer, and is therefore considered to be a third party. In this situation, you can receive your normal workers’ comp benefits from your employer’s insurance carrier, but you can also seek compensation from the at-fault driver. This is known as a third party case. (The injured worker is considered to be the 1st party, the employer/co-workers are considered to be the second party, and the party that actually caused the injury is considered to be the third party.) Thus, even when the employer can’t be sued because it bought official workers’ comp insurance, the third party is not immune and can be sued even when you are also receiving workers’ comp benefits.

There are many types of third party cases. You have a third party case when multiple contractors are working on the same job and one contractor hurts an employee of another contractor. Faulty construction equipment, negligent architects, and negligent property owners all can create opportunities for third party cases. If you have a legitimate case against a third party, you will be able to recover all the damages that you could not recover in the workers’ comp system – such as your outstanding past and future lost wages that you could not recover in the workers’ comp system, pain and suffering, lost capacity, etc…

Our Workplace Injury Attorneys Handle Third Party Cases Throughout Texas

Third party claims can quickly become complex, and it’s essential that you have an experienced personal injury attorney on your side and fighting for your rights. Our office is located in San Antonio, and we proudly serve the entire region. If you believe that you may have a third party case, contact our offices today at 210-340-8877 to schedule a free, no-obligation consultation.