Third-Party Liability Claims

When Someone Other Than Your Employer May Be Responsible

Most workplace injuries are handled through North Carolina’s workers’ compensation system. Workers’ compensation provides important benefits to injured employees, but it also limits an employee’s ability to sue an employer directly in many situations. However, not every workplace injury is caused solely by an employer or co-worker. In some cases, a third party outside the employment relationship may have contributed to the accident.

When this occurs, an injured worker may have both a workers’ compensation claim and a separate third-party liability claim. At The Moore Law Firm, George Moore helps injured workers throughout Asheville and Western North Carolina evaluate whether additional legal remedies may be available following a workplace injury.

What Is a Third-Party Liability Claim?

A third-party liability claim is a personal injury claim brought against someone other than the employer or a co-worker. These claims arise when an outside individual, company, or organization may have contributed to the accident that caused the worker’s injuries.

Unlike workers’ compensation claims, third-party claims generally require proof that another party acted negligently or otherwise bears legal responsibility for the injury.

Because these claims are separate from workers’ compensation, they may provide access to damages that are not available through the workers’ compensation system alone.

Common Examples of Third-Party Claims

Third-party liability claims arise in many different workplace settings.

Examples may include:

• Motor vehicle accidents involving employees driving for work
• Construction accidents involving subcontractors or outside vendors
• Defective machinery or equipment
• Dangerous products or tools
• Property owner negligence
• Accidents involving delivery drivers or contractors

The specific facts of the accident determine whether a third-party claim may exist.

How Third-Party Claims Differ From Workers’ Compensation

Workers’ compensation is generally a no-fault system. An injured employee typically does not have to prove that anyone acted negligently to receive workers’ compensation benefits.

Third-party claims are different. The injured worker generally must establish that another party’s negligence or misconduct contributed to the accident and resulting injuries.

This distinction is important because third-party claims may allow recovery for losses that workers’ compensation benefits do not fully address. As a result, identifying potential third-party liability can be an important part of evaluating a serious workplace injury.

Workers’ Compensation and Third-Party Claims Can Exist Together

Many injured workers are surprised to learn that a workers’ compensation claim and a third-party liability claim can proceed at the same time.

A worker may receive workers’ compensation benefits for medical treatment and wage loss while also pursuing a separate claim against a negligent third party. However, these cases can involve complex issues regarding reimbursement rights, liens, and allocation of recoveries.

Because of these overlapping issues, careful evaluation is often necessary when both types of claims are involved.

Identifying Potential Sources of Recovery

In serious injury cases, understanding whether a third-party claim exists can be particularly important. Construction sites, commercial vehicle accidents, industrial workplaces, and situations involving defective equipment often involve multiple companies or individuals whose conduct may have contributed to the injury.

A thorough investigation of how the accident occurred may reveal additional sources of compensation beyond traditional workers’ compensation benefits.