When Can A Third Party Be Sued?

The fact that an employer carries workers’ compensation insurance generally precludes employees from being able to sue for injuries on the job directly. However, an exception to this exists in the form of third-party lawsuits. James Adams can help you determine whether this exception applies to your case.

When can a Third Party Suit Be Brought?


The restriction on lawsuits for on-the-job injuries extends only to the employer. While suing a co-worker is technically possible, it is rare and requires a set of circumstances better explained by Attorney James Adams.

Occasionally a company will sub-contract certain work to third parties, such as repairs or upgrades to the facility or grounds. When an employee is injured due to the negligence of a third party, they may be able to file a lawsuit to recover losses, including pain and suffering. A limitation on this, however, is that the work that is done by the sub-contractor must not blur the distinction between employee and third party.

Another type of third-party lawsuit involves defects in design or manufacture of a machine or product that must be used on the job. If, for instance, a worker is injured when the wheel of a sander jars loose and hits him, provided that it can be proven that the accident occurred because the sander was defective, a third party suit can be brought.

Advantages of a Third-Party Suit

Workers’ compensation only pays for actual medical costs, along with a portion of a victim’s lost earnings when the injury renders him unable to work. A Third-Party suit is not restricted in this way.

Call Us

If you need assistance with a work injury or have additional questions regarding third-party lawsuits, call Tampa injury attorney James Adams at (813) 874-9116 today to arrange a meeting.