Suffering an injury at work can leave you dealing with pain, lost wages, and uncertainty about your future. Whether you were hurt in a single incident or developed an injury over time, you have legal rights under Ohio’s workers’ compensation system. Let an experienced workers’ compensation lawyer at Obral Silk & Pal Personal Injury Lawyers help you understand your options. Call 216-529-9377 to set up a free consultation and protect your claim.
When Someone Other Than Your Employer Is Responsible for a Workplace Injury
Most workers know that if they get hurt on the job, they can file a workers’ compensation claim. This is a no-fault system that helps cover medical expenses and lost wages. But what happens when someone other than your employer caused your injury? That’s where third-party claims come in.
In some workplace accidents, an outside party may be responsible—either partially or fully. If that’s the case, you might be able to file a separate personal injury claim against them, in addition to your workers’ compensation claim. This can open the door to compensation that goes beyond what workers’ comp typically provides.
How Workers’ Compensation and Third-Party Claims Differ
Workers’ compensation is a system meant to protect both employees and employers. Employees get benefits without needing to prove fault, and in exchange, they usually can’t sue their employer. However, workers’ comp is limited. It typically covers:
- Medical bills
- Partial wage replacement
- Vocational rehab or retraining
- Temporary or permanent disability benefits
It does not cover pain and suffering or full wage loss in most cases. That’s where a third-party claim can fill the gap.
A third-party claim is a personal injury lawsuit against someone who is not your employer or coworker. It requires showing that the third party was negligent or somehow caused the injury.
Examples of Third-Party Liability
Third-party liability can show up in many work environments. Here are a few common scenarios:
Defective Equipment
If a piece of machinery, safety gear, or power tool malfunctions and causes harm, the manufacturer could be held responsible. For example, if a nail gun misfires due to a design flaw, a third-party claim could be filed against the maker of that tool.
Vehicle Accidents on the Job
If you drive for work and are hit by another driver, that driver (and their insurance company) could be liable. While you would file a workers’ comp claim through your employer, you could also pursue a third-party claim against the at-fault driver.
Injuries on a Job Site Controlled by Another Company
On construction sites or in industrial settings, multiple contractors or companies may share a job site. If an employee from another company creates a hazardous condition or acts carelessly and you get hurt, that company could be sued.
Property Owner Negligence
If your job involves entering homes or businesses—like maintenance workers, cable installers, or home health aides—you may be injured on someone else’s property due to unsafe conditions. In those cases, you could bring a premises liability claim against the property owner or manager.
How to Prove a Third Party Is Liable
To succeed in a third-party claim, you need to show that the third party was negligent and that their negligence caused your injury. This usually involves proving:
- The third party had a duty to act safely or provide a safe product or environment
- They failed in that duty (this is the act of negligence)
- That failure directly led to your injury
- You suffered damages as a result, such as medical expenses or lost income
Unlike workers’ comp, which doesn’t require proving fault, third-party cases require more evidence. Documentation, witness statements, photos of the scene, expert analysis, and safety records often play a role.
What Damages Can Be Recovered Through a Third-Party Claim
The most important difference between a third-party claim and a workers’ compensation claim is the scope of damages. In a third-party case, you may be able to recover:
- Full lost wages, not just partial wage replacement
- Pain and suffering
- Emotional distress
- Loss of future earnings
- Medical expenses not covered by workers’ comp
- Loss of enjoyment of life
This broader compensation can be crucial if your injuries are long-lasting or life-changing.
Can You File Both a Workers’ Comp Claim and a Third-Party Lawsuit?
Yes, and in many cases, that’s exactly what should happen. Workers’ comp helps you receive immediate medical treatment and some financial support without waiting for the outcome of a lawsuit. Meanwhile, the third-party claim allows you to pursue additional compensation.
However, if you win your third-party lawsuit or settle it, your employer’s workers’ compensation insurance may place a lien on part of that recovery. This means you may need to reimburse them for the benefits they paid. This process is called subrogation. It’s important to understand this so you’re not surprised if your settlement is reduced by the amount owed to workers’ comp.
Why Legal Guidance Matters in These Cases
Third-party claims can get complicated. There are deadlines, liability issues, and multiple parties involved. If you try to handle it on your own, you might miss out on the full compensation you’re entitled to.
An experienced personal injury lawyer can help by:
- Investigating your accident and identifying all potentially liable third parties
- Gathering evidence to build a strong case
- Handling negotiations with insurance companies
- Making sure your rights under workers’ compensation law are protected
- Managing any subrogation issues to reduce what you owe
Acting Quickly Is Important
Ohio law limits the amount of time you have to file a personal injury lawsuit. This time limit, known as the statute of limitations, is generally two years from the date of the injury. That may seem like plenty of time, but evidence can disappear and memories fade. The sooner you start the process, the better your chances of building a strong case.
Guidance You Can Trust from a Workers’ Compensation Attorney
If you’ve been injured on the job in Cuyahoga Falls, navigating the workers’ comp system can feel overwhelming. A knowledgeable workers’ compensation attorney at Obral Silk & Pal Personal Injury Lawyers can help you file your claim properly and pursue the benefits you’re entitled to. Call 216-529-9377 for a free consultation and get the legal support you need to move forward with confidence.