Sometimes, a third party—someone other than your employer—may be responsible for your injury.
Workers’ compensation is designed to provide medical benefits and wage replacement to employees who suffer workplace injuries. When a third party is involved, you may have the right to file a third-party claim and receive workers’ comp benefits.
A third-party claim allows you to seek additional compensation that workers’ compensation does not cover, such as pain and suffering and full wage replacement.
What Is a Third-Party Claim in a Workers’ Comp Case?
A third-party claim is a personal injury lawsuit filed against a party other than your employer who contributed to or caused your workplace injury.
Since Missouri workers’ compensation law protects employers from lawsuits filed by employees, you cannot sue your employer directly. However, if someone else’s negligence led to your injury, you can file a claim against them for additional damages.
Who Can Be Held Liable in a Third-Party Claim?
You may be able to file a third-party claim if your injury was caused by: (Missouri Workers’ Compensation and Third-Party Claims: Labor.MO.gov)
- Defective equipment or machinery – If a manufacturer produced a faulty tool, machine, or product that caused your injury, you can file a product liability claim.
- Negligent drivers – If you were injured in a work-related car accident caused by another driver, you may file a claim against their auto insurance policy.
- Subcontractors or property owners – If you were injured on a construction site, another contractor or property owner may be responsible for unsafe conditions.
- Maintenance companies – If a company responsible for maintaining equipment fails to do so correctly, it may be liable.
- Vendors or delivery personnel – If a third-party vendor causes unsafe conditions at your workplace, they might be held accountable.
What Compensation Can You Recover in a Third-Party Claim?
Unlike workers’ compensation, which only covers medical expenses and partial lost wages, a third-party lawsuit allows you to seek full compensation for all your losses.
Workers’ Comp vs. Third-Party Claims
(Missouri Third-Party Lawsuits: MO Courts).
| Compensation Type | Workers’ Compensation | Third-Party Claim |
|---|---|---|
| Medical Bills | ✅ Covered | ✅ Covered |
| Lost Wages | ✅ Partial (typically 66% of wages) | ✅ Full lost wages |
| Pain & Suffering | ❌ Not covered | ✅ Can recover damages |
| Emotional Distress | ❌ Not covered | ✅ Can recover damages |
| Loss of Future Earnings | ❌ Limited | ✅ Can seek full compensation |
| Punitive Damages | ❌ Not covered | ✅ Can be awarded in extreme cases |
Examples of Third-Party Claims in Missouri Workers’ Comp Cases
Work-Related Car Accident (Negligent Driver Lawsuit)
A delivery driver is hit by a reckless driver while making deliveries. The driver:
- Receives workers’ comp benefits for medical bills and lost wages.
- Files a third-party lawsuit against the at-fault driver’s auto insurance for pain, suffering, and full lost wages.
Construction Site Injury (Negligent Contractor Lawsuit)
A construction worker is injured when another contractor’s negligence causes a scaffolding collapse. The worker:
- Receives workers’ comp from their employer.
- Files a third-party lawsuit against the contractor responsible for the faulty scaffolding.
Defective Machine Injury (Product Liability Claim)
A factory worker’s hand is crushed due to a defective machine press. The worker:
- Receives workers’ comp for medical treatment.
- Files a third-party claim against the machine’s manufacturer for producing faulty equipment.
How to File a Third-Party Claim in Missouri
Filing a third-party claim requires proving that someone other than your employer was at fault for your injury. (How to File a Third-Party Claim: MO Bar Association)
Steps to Take:
- Report Your Injury to Your Employer – This ensures you receive workers’ compensation benefits first.
- Gather Evidence – Document photos, witness statements, accident reports, and medical records.
- Identify the Third Party – Determine who is responsible (e.g., driver, manufacturer, contractor).
- Consult a Workers’ Comp Attorney – A lawyer can help file your workers’ comp claim and third-party lawsuit.
- File a Personal Injury Lawsuit – Your attorney will pursue maximum compensation from the third party.
Does Filing a Third-Party Claim Affect My Workers’ Comp Benefits?
Yes, but you can still receive both. If you win a third-party lawsuit, Missouri law allows your employer’s insurance company to seek reimbursement for the benefits they paid you. This process is called subrogation.
How Subrogation Works:
- You win a third-party lawsuit and receive compensation.
- Your workers’ comp insurer may claim a portion of that settlement to recover what they paid for your medical treatment and lost wages.
- You still keep additional compensation for pain and suffering, emotional distress, and full lost wages.
This is why having an attorney is crucial—they can negotiate to reduce the amount workers’ comp can take from your third-party settlement.(Missouri Subrogation Laws: Labor.MO.gov)
Why You Need an Attorney for a Third-Party Claim
A third-party lawsuit can significantly increase your compensation, but these cases are complex. A skilled Missouri workers’ compensation attorney can: (Find a Workers’ Comp Attorney: MO Bar Association)
- Identify all liable parties and maximize your claim.
- Handle workers’ comp and third-party claims together to avoid legal issues.
- Negotiate with insurance companies to reduce subrogation claims.
- Fight for full compensation beyond what workers’ comp provides.
Get the Maximum Compensation for Your Workplace Injury
If you were injured at work due to a third party’s negligence, you don’t have to settle for just workers’ comp benefits. A third-party claim can give you full lost wages, pain and suffering, and more.
At the Law Office of James M. Hoffmann, we have helped injured Missouri workers recover millions in compensation through both workers’ compensation and third-party claims.
- Free Consultation – No Upfront Fees
- Over 30 Years of Experience in Missouri Workers’ Compensation Cases
- Proven Track Record in Third-Party Lawsuits
Call us today to discuss your case and determine what additional compensation you may be entitled to.