July 12, 2025
When a third party caused an injury to an employee, the situation becomes more complex than typical workplace accidents. Most people think only about workers’ compensation benefits. But third-party injuries open up additional legal options. These options can greatly increase the compensation an injured worker receives.
At Martino & McCabe, our Jacksonville personal injury attorneys have handled hundreds of workplace injury cases. We know how to handle complex third-party claims. Understanding your rights when a third party caused an injury to an employee is crucial. It helps you get the maximum compensation possible.
What Does It Mean When a Third Party Caused an Injury to an Employee?
A third-party workplace injury happens when an employee gets hurt at work. But the injury was caused by someone other than their employer or co-worker. This is different from standard workers’ compensation claims. Third-party injuries let injured employees pursue extra compensation beyond what workers’ comp provides.
Common Examples When a Third Party Caused an Injury to an Employee
These situations happen more often than you might think:
Construction Site Accidents: A delivery driver from another company hits a construction worker. Or defective equipment from a manufacturer causes injury.
Premises Liability Incidents: An employee gets injured due to dangerous conditions. The property is owned by someone other than their employer.
Product Liability Cases: Defective machinery, tools, or safety equipment injures an employee.
Motor Vehicle Accidents: An employee driving for work gets injured by another driver.
Contractor-Related Injuries: Independent contractors or subcontractors cause injury to employees through careless actions.
Your Rights When a Third Party Caused an Injury to an Employee
When a third party caused an injury to an employee, the injured worker typically has two ways to get compensation:
Workers’ Compensation Benefits
Even when a third party causes the injury, you still get workers’ compensation benefits. According to the Florida Department of Financial Services, these include:
- Medical expense coverage
- Partial wage replacement
- Disability benefits
- Vocational rehabilitation
Third-Party Personal Injury Claim
You can also file a separate lawsuit against the third party responsible for your injury. This claim can recover damages not available through workers’ compensation:
- Full lost wages (not just partial)
- Pain and suffering
- Emotional distress
- Future medical expenses
- Loss of earning capacity
- Punitive damages (in cases of gross negligence)
How Third-Party Claims Work in Florida
Florida law allows injured employees to pursue both workers’ compensation and third-party claims at the same time. But there are important things to consider when a third party caused an injury to an employee:
Coordination of Benefits
You might receive workers’ compensation benefits. If you later recover money from a third-party claim, Florida law requires coordination between the two. Your employer’s workers’ compensation carrier may have a right to get money back from your third-party settlement.
Statute of Limitations
In Florida, you generally have four years from the date of injury to file a third-party personal injury lawsuit. But this deadline can change depending on your specific case. The Florida Bar provides detailed information about these time limits.
Determining Liability
Proving third-party liability means showing that the third party acted carelessly or recklessly. This caused your injury. This often involves:
- Looking at the accident scene
- Getting witness statements
- Reviewing safety protocols
- Looking at equipment or product defects
- Working with expert witnesses
Benefits of Pursuing a Third-Party Claim
When a third party caused an injury to an employee, third-party claims offer several advantages over workers’ compensation alone:
Higher Compensation: Personal injury settlements typically pay much more than workers’ compensation benefits.
Full Wage Recovery: Workers’ comp pays only partial wages. Third-party claims can recover 100% of lost income.
Pain and Suffering: Workers’ compensation doesn’t cover pain and suffering. Third-party claims do.
Future Damages: You can get compensation for long-term medical needs and reduced earning capacity.
No Restrictions on Medical Providers: Third-party settlements don’t limit your choice of healthcare providers like workers’ comp often does.
Challenges When a Third Party Caused an Injury to an Employee
While third-party claims offer greater compensation potential, they also present unique challenges:
Complex Legal Issues
These cases often involve multiple insurance companies. They have complex liability questions. There’s coordination between different legal claims. Having experienced legal help is essential.
Insurance Company Tactics
Third-party insurance companies will fight these claims hard. They often argue that the workplace itself was mainly responsible for the accident.
Proving Negligence
Workers’ compensation is a no-fault system. Third-party claims require proving that the third party was negligent or at fault for your injury.
Steps to Take After a Third Party Caused an Injury to an Employee
If you believe a third party caused your workplace injury, take these important steps:
- Get medical attention right away for your injuries
- Report the accident to your employer immediately
- Document everything – take photos, get witness information, and keep detailed records
- File your workers’ compensation claim as required
- Don’t give statements to third-party insurance companies without legal help
- Talk to an experienced personal injury attorney as soon as possible
Why You Need an Experienced Jacksonville Personal Injury Attorney
Cases where a third party caused an injury to an employee are among the most complex in personal injury law. At Martino & McCabe, we understand how to:
- Look into your accident thoroughly to find all potentially liable parties
- Coordinate between your workers’ compensation claim and third-party lawsuit
- Negotiate with multiple insurance companies
- Build a strong case for maximum compensation
- Navigate Florida’s complex workers’ compensation and personal injury laws
Our Jacksonville personal injury attorneys have over 30 years of combined experience handling these complicated cases. We work on a contingency fee basis. This means you pay nothing unless we recover compensation for you.
Frequently Asked Questions About Third-Party Workplace Injuries
Can I sue my employer when a third party caused an injury to an employee?
Generally, no. Florida’s workers’ compensation system typically prevents employees from suing their employers. This is true even when third parties are involved. But there are rare exceptions in cases of intentional harm. Or when employers fail to carry required workers’ compensation insurance.
What if the third party was also working on the job site?
The answer depends on the relationship between the third party and your employer. Independent contractors and employees of other companies can typically be sued. Employees of your own company usually cannot be.
How long do I have to file a third-party claim?
In Florida, you generally have four years from the date of injury to file a third-party personal injury lawsuit. But it’s crucial to talk with an attorney immediately. Evidence can disappear and witnesses’ memories fade over time.
Will pursuing a third-party claim affect my workers’ compensation benefits?
No, filing a third-party claim should not affect your right to receive workers’ compensation benefits. These are separate legal proceedings. But they may be coordinated for purposes of reimbursement.
Maximizing Your Recovery When a Third Party Caused an Injury to an Employee
When a third party caused an injury to an employee, the potential for recovery goes far beyond standard workers’ compensation benefits. But successfully pursuing these claims requires immediate action and experienced legal help.
At Martino & McCabe, we’ve helped countless Jacksonville area workers recover the full compensation they deserve after third-party workplace injuries. We understand the physical, emotional, and financial challenges you’re facing. We’re committed to fighting for the maximum recovery possible.
Don’t let complex legal procedures prevent you from getting the compensation you deserve. If you’ve been injured at work and believe a third party may be responsible, contact our Jacksonville personal injury attorneys today for a free consultation.
Contact Martino & McCabe today to discuss your third-party workplace injury claim. Call us or fill out our online contact form to schedule your free consultation. Remember, you pay nothing unless we recover compensation for you.