Third party liability in the workplace is a key component in a lot of injury cases. If you are injured on the job, your first option for compensation is usually workers’ compensation. However, in some cases, a third party—someone other than your employer or a co-worker—may be responsible for your injuries. When this happens, you may have the right to file a third-party liability lawsuit to recover damages beyond what workers’ compensation provides.
What Is Third-Party Liability?
Third-party liability occurs when an outside party’s negligence contributes to a workplace injury. Unlike workers’ compensation claims, which do not require proof of fault, third-party lawsuits are based on negligence, meaning you must prove that the third party’s actions caused your injury.
For example, a construction worker falls from scaffolding because a subcontractor failed to secure it properly. Since the employer may not be directly responsible, the worker may file a third-party claim against the subcontractor.
When Can You Sue a Third Party for a Workplace Injury?
You may have grounds for a third-party liability claim if someone other than your employer or a co-worker caused your injury. Common scenarios include:
1. Injuries Caused by Negligent Drivers
If you are injured in a work-related vehicle accident caused by another driver, you may file a personal injury claim against the at-fault driver.
2. Defective Products or Equipment Failures
If a defective tool, machinery, or equipment causes an injury, you may have a claim against the manufacturer, distributor, or retailer.
3. Unsafe Conditions on Someone Else’s Property
If you are injured working on a property that your employer does not own, the property owner may be liable.
4. Negligence by Subcontractors or Third-Party Vendors
If a subcontractor or independent contractor causes an accident, they could be accountable for injuries.
Can You File Both a Workers’ Comp Claim and a Third-Party Lawsuit?
In Oklahoma, injured workers can file both a workers’ compensation claim and a third-party lawsuit. Workers’ compensation covers medical expenses and lost wages, regardless of fault, while third-party lawsuit allows for additional compensation beyond workers’ comp benefits.
However, if you receive workers’ compensation benefits and later win a third-party settlement, Oklahoma law may require you to reimburse the workers’ compensation insurer for benefits already paid.
How to Prove Negligence in a Third-Party Claim
To succeed in a third-party lawsuit, you must prove:
- The third party owed a duty of care (e.g., a driver must follow traffic laws).
- The third party breached that duty (e.g., the driver ran a red light).
- Their actions directly caused your injury.
- You suffered damages (medical bills, lost wages, pain and suffering).
Strong evidence—such as witness statements, surveillance footage, accident reports, and medical records—can strengthen your claim.
Oklahoma City Injury Attorneys
If you sustain an injury at work due to the negligence of a third party, you may have the right to claim compensation beyond workers’ compensation benefits. Filing a third-party liability lawsuit can help you recover damages for pain and suffering, emotional distress, and full lost wages.
If you believe a subcontractor, manufacturer, negligent driver, or property owner caused your injury, our team at Kania Law – OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.
