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Workers Compensation: Understanding Third Party Liability Claims


In order to have a third-party liability case, your accident and injuries must be at least partially due to someone other than you or your employer.

St. Louis Third Party Liability

The most common workers’ compensation case is generally straightforward. An employee is injured at work during a typical work activity, they file a claim with their employer, and then it is either accepted or denied. Where things can get complicated is when some of the blame can be placed on a third party. In this case, it is important that you obtain a St. Louis workers compensation lawyer to guide you through the intricacies of the process. That being said, it is useful to know the basics of third-party liability on your own.


As we mentioned above, third party liability describes the situation where someone besides the employee or the employer was partially or entirely at fault for a workplace injury.

Common Examples

Car Accidents – If you are driving a company vehicle and are hit by another driver, they could be found liable. This is often the case if the other driver was clearly at fault.

Faulty Machinery – This can be found in factories, construction sites, and any other workplace that uses heavy machinery. If it malfunctions and you get hurt, the company that supplies them could be liable.

Toxic Substances – In some occupations, certain substances are used in day to day work activities. If that substance is unexpectedly toxic, the company that makes it may be liable.

Negligent Coworker – This liability case happens if a coworker does something unsafe at work, such as excessive horseplay, and you are injured as a result.

Legal Implications

Generally, in a workers’ compensation case, you cannot sue your employer. This is because the workers’ compensation system replaces that need. You instead file a claim and are later paid by your employer and their insurance company. When a third party is involved, you still cannot sue your employer, but you can sue the third party. The common result of this is cases that have two goals. The first is to get workers’ compensation for an employer because they are partly liable. The second is to sue a third party because they are partially responsible too.

How a Lawyer Can Help

As you might imagine, these types of cases can get very complicated. Not only do you have to navigate the workers’ compensation process, but you also have to figure out how to sue the third party. For somebody without legal training, this is likely impossible. Outsourcing these tasks to a lawyer, or team of lawyers, will ensure that every complication will be handled by an experienced professional.

Your workers’ compensation claim might be easy, but certain factors can profoundly complicate it. One of those factors is third party liability. If you ever find yourself in a situation where a third party may be at fault, it is best to consult a St. Louis workers compensation attorney right away. They will handle all of the complex aspects of your case and get you the best deal possible.

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Updated: April 29, 2020
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