Workplace injuries often come with confusion, paperwork, and pressure to follow a path that feels predetermined. But not every case should end with a workers’ compensation claim. In fact, many serious injuries happen because of someone else’s negligence—and when that happens, workers may have the right to pursue more.
If you’ve been injured on the job, understanding who caused your injury is just as important as knowing where it happened. In some cases, you may be entitled to file a third-party lawsuit and seek full compensation. At Nix Patterson, we help injured workers identify all available legal options, especially when workers’ compensation falls short.
Why Nix Patterson Pursues Third-Party Claims Beyond Workers’ Comp
Workers’ compensation has its place, but it doesn’t tell the whole story. At Nix Patterson, we focus on serious workplace injury cases where someone other than the employer—or an employer without proper protections—may be legally responsible. These are cases where negligence caused catastrophic harm, and where the standard benefits available through workers’ comp are simply not enough.
Our workplace injury lawyers investigate every angle of a workplace injury. That includes looking beyond your employer to identify subcontractors, equipment manufacturers, property owners, or vendors who may have contributed to the dangerous conditions. When we uncover this kind of third-party liability, we move fast to preserve evidence and build a case.
Because we prepare every claim with trial in mind, our team doesn’t wait for an insurance company to tell us what your case is worth. We bring in engineers, safety consultants, economic experts, and medical professionals to show the full scope of the harm—and the negligence behind it. This allows us to go far beyond the limited scope of workers’ compensation and fight for the outcome your recovery truly requires.
We represent workers in construction, warehousing, oil and gas, transportation, and manufacturing. In all of these industries, third-party involvement is common—and too often overlooked. Our job is to make sure it’s not.
What Workers’ Compensation Covers—and What It Doesn’t
Workers’ compensation is a no-fault system. It’s designed to provide some financial support after an injury without requiring a lawsuit. But it also comes with trade-offs—and those trade-offs matter when the injury is serious.
Medical Treatment and Wage Replacement
Workers’ comp typically covers immediate medical expenses related to your injury. This can include hospital bills, physical therapy, medications, and some travel costs for treatment. It also provides partial wage replacement—usually around two-thirds of your average weekly income—while you’re unable to work. But this benefit has limits and often does not reflect the full impact of lost income.
Disability and Impairment Benefits
If your injury results in permanent damage, workers’ comp may offer disability payments. These are based on impairment ratings and your ability to return to work. The calculations vary by state, and in many cases, the benefits don’t fully account for long-term financial consequences—especially if your career path is permanently altered.
No Compensation for Pain, Suffering, or Future Losses
Workers’ compensation does not provide damages for emotional distress, pain, suffering, or loss of enjoyment of life. It also does not cover future income loss beyond specific disability formulas. For workers dealing with long-term trauma or career-ending injuries, these limitations can leave them with less than they truly need to recover.
No Accountability or Fault-Based Justice
Perhaps most importantly, workers’ comp shields employers from being sued in most cases. Even if your employer was clearly negligent—if they ignored complaints, skipped training, or forced unsafe practices—you cannot hold them publicly accountable through workers’ comp alone. There’s no opportunity for discovery, no trial, and no chance to expose the full truth. That’s where third-party claims come in.
What Is a Third-Party Claim in a Workplace Injury Case?
A third-party claim is a civil lawsuit filed against someone other than your employer who contributed to your injury. These claims are fault-based, which means you must prove that the third party acted negligently—and that their negligence caused the harm. But in doing so, you gain access to a wider range of damages than workers’ comp allows.
Examples of Third Parties: Contractors, Manufacturers, Property Owners
On many worksites, multiple companies operate at once. If a subcontractor created a hazard, a delivery driver caused a collision, or a property owner failed to maintain safe conditions, those parties may be liable. Equipment manufacturers also fall into this category. If a defective machine or faulty safety feature played a role, the company that designed, built, or distributed it may be responsible for your injuries.
When a Lawsuit Becomes Possible
A third-party claim becomes possible when your injury can be traced back to the actions—or inaction—of someone other than your employer. This often requires investigation into jobsite conditions, equipment maintenance records, and the roles of various contractors or vendors. At Nix Patterson, we conduct this review as part of every serious injury case we take on.
How Third-Party Claims Complement—Not Replace—Workers’ Comp
Filing a third-party lawsuit doesn’t cancel your workers’ comp claim. In many cases, they work side by side. Workers’ comp may provide immediate coverage for medical care, while the lawsuit pursues full compensation for long-term damages. The key difference is that one is administrative and limited, while the other is a full civil case aimed at accountability and financial recovery.
Common Scenarios Where Third-Party Claims Apply
Many injured workers assume that workers’ compensation is their only path forward. But in reality, third-party negligence plays a role in countless workplace accidents. Below are some of the most common scenarios where a third-party injury lawsuit may be possible.
Defective Equipment or Tools
If a piece of machinery malfunctions due to a design flaw or manufacturing defect, the company that made or distributed the product may be responsible. We’ve seen serious injuries caused by faulty brakes, missing safety guards, and defective power tools—none of which were the employer’s fault, but all of which created a legal opening for civil litigation.
Negligent Subcontractors on Shared Job Sites
On construction sites, multiple companies often operate side by side. If a subcontractor creates a hazard—like leaving exposed wiring, removing fall protection, or operating machinery unsafely—their negligence can harm workers from other companies. In these cases, you may be able to sue the subcontractor directly for creating an unsafe environment.
Unsafe Premises Owned by Someone Other Than the Employer
When injuries happen on property owned by a third party—such as a leased warehouse, delivery hub, or client site—the property owner may be liable if they failed to maintain safe conditions. Poor lighting, damaged flooring, or hidden hazards can all give rise to third-party claims under premises liability law.
Reckless Drivers on the Job
If you were injured in a vehicle accident while performing work duties and the at-fault driver was not a coworker or employer, that person (or their company) may be sued. This includes delivery accidents, roadside construction collisions, and rides between work sites. These claims are especially important when vehicle-related injuries cause long-term disability.
Maintenance Vendors or Service Companies
Some workplaces contract outside companies to maintain equipment, manage safety systems, or perform inspections. If a vendor fails to complete repairs, mislabels a chemical, or overlooks a serious hazard, and you’re injured as a result, they may be held accountable. These cases often require documentation and expert review to determine exactly where the failure occurred.
Key Differences Between Workers’ Comp and Third-Party Lawsuits
Understanding the distinction between workers’ compensation and third-party claims is essential. These two legal paths operate under different rules and offer very different outcomes.
No-Fault vs. Negligence-Based
Workers’ comp is a no-fault system. You don’t need to prove anyone did something wrong to receive benefits. In contrast, third-party claims are negligence-based. You must show that the other party failed to act reasonably and that their actions directly caused your injury. This higher standard can be more challenging—but it also allows for a broader recovery.
What Compensation Is Available
Workers’ compensation offers limited coverage: medical treatment, partial wage replacement, and disability benefits based on strict formulas. Civil lawsuits allow you to seek full damages for lost wages, future earnings, medical care, pain, suffering, and emotional trauma. If your injury was severe, this broader compensation may be necessary for long-term recovery.
Who Can Be Sued and When
In most cases, you cannot sue your direct employer if they provide workers’ comp coverage. But you can sue third parties who contributed to the injury. This includes vendors, drivers, property owners, and other non-employer entities. Timing matters, as these claims are subject to deadlines (statutes of limitations) that vary by state.
Burden of Proof and Timeline Differences
Workers’ comp claims typically move through an administrative process. Civil lawsuits, however, involve investigation, discovery, expert witnesses, and, potentially, a jury trial. Proving a third-party’s negligence requires more evidence and preparation—but also opens the door to a more complete form of justice.
Why Some Injuries Deserve More Than Workers’ Comp Can Provide
Workers’ compensation was never designed to cover every type of loss. In cases of catastrophic injury, the benefits simply don’t go far enough. A third-party claim may be the only way to recover what you truly need to rebuild your life.
Long-Term Care and Future Medical Needs
If your injuries require surgeries, rehabilitation, mobility aids, or in-home medical care, workers’ comp may not cover the full cost. Civil lawsuits allow you to pursue compensation for future medical expenses based on expert forecasts and long-term care planning.
Loss of Career or Earning Power
A serious workplace injury can end your career or force you into lower-paying work. Civil claims let you recover for lost earning potential, missed promotions, and retirement contributions—factors that are rarely considered in workers’ comp calculations.
Emotional Trauma and Loss of Independence
Physical pain isn’t the only hardship injured workers face. Depression, anxiety, PTSD, and loss of independence affect daily life and family relationships. Civil lawsuits recognize these damages and allow you to pursue meaningful compensation for your emotional well-being.
Holding Negligent Parties Publicly Accountable
Workers’ comp protects employers from lawsuits, meaning negligence often goes unchallenged. A third-party lawsuit puts the spotlight on unsafe practices and holds those responsible accountable in court. This not only provides justice for the injured worker—it can help prevent future harm to others.
Talk to a Lawyer About All Your Legal Options
If you’ve suffered a serious injury at work, don’t assume workers’ compensation is your only option. You may have the right to pursue a third-party lawsuit and recover the full compensation you need.
At Nix Patterson, we investigate the details others overlook. Our team looks beyond the surface of the accident to determine who else may be legally responsible. We work with safety experts, medical professionals, and industry consultants to build strong, trial-ready cases for injured workers.
Contact Nix Patterson today for a free, confidential consultation. We’ll help you understand your workplace injury legal options and determine whether a third-party claim is possible. And remember, you don’t pay unless we win.