Workers' compensation exists as a "no-fault" insurance shield for employers. It is designed to provide a modest benefit to the injured worker while protecting the employer from being sued. However, there are some circumstances in which an injured worker can file suit.
The most common cases of lawsuit with regard to workplace injuries are those in which a third party is culpable. This is called a "third-party claim" and can be filed when the person responsible for your injury was not yourself, your employer, or a co-worker.
Examples of third-party claims are:
- Car accidents caused by another person unaffiliated with your company while you are driving for your job.
- Industrial accidents caused by someone other than your employer, such as faulty equipment.
- Injuries caused by unsafe premises that are not owned by your employer.
- A wrongful death claim filed by the family of a worker.
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