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Third-Party Liability in a Workers’ Compensation Case

A work injury can be devastating and can significantly impact your life depending on the severity of your injuries and whether or not the disability will exist well into the future. If your injuries result in permanent disability, your quality of life can be compromised for the long-term.

If you were injured while on the job, you can file a workers’ compensation claim to secure wage loss benefits and compensation for your medical care. However, in some cases this may not be enough. You may not be entitled to file a workers’ comp claim and a third liability claim against your employer unless special circumstances apply. One such exception is if your on-the-job injury was caused by the negligence or recklessness of another party not employed or contracted by your employer.

What are Workers’ Comp Benefits?

Workers’ compensationWorkers’ compensation, commonly referred to as workers’ comp, is a type of accident insurance paid by employers when their employees are injured on the job. Benefits are typically paid by a private insurance company or state-run workers’ comp fund. It also provides benefits to dependents if a person dies as a result of a job-related injury.

Workers’ comp benefits provide the injured:

  • Wage replacement benefits
  • Medical treatment
  • Vocational rehabilitation
  • Other benefits

What is Third-Party Liability?

You may have a third-party liability claim if you were injured at work or while on the job due to the negligence of someone not working for your employer. For example, if your job requires you to drive to appointments to meet clients. Let’s say during the ride to a client’s house, you are rear-ended by someone on the road and you are injured. This is a perfect example of third-party liability because the driver of the other car was not an employee of your employer caused the accident.

Other ways that third-party liability claims arise include:

  • Defective products – a certain tool or device is defective due to manufacturing.
  • Substance made by a third-company is toxic.
  • Coworker negligence when the coworker causes injuries willfully or through gross negligence (coworker assault).

There are more scenarios that could constitute third-party liability claims against a person or company. If you believe your on-the job injuries were caused by a third party, it is important to immediately consult with an experienced accident injury.

Contact us!

If you or a loved has been injured in an accident caused by the negligence of another party, you should discuss your legal options with an attorney as you may be entitled to compensation. The skillful attorneys at the Law Offices of Samer Habbas & Associates specialize in all types of personal injury accidents and have successfully attained service and results that go beyond expectations. For more information or to schedule a complimentary consultation with one of the attorneys, please call 949-727-9300.


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Our firm is well experienced in injury matters and we understand the difficult time you are going through. We will guide you through the process and fight for you and your family to get the compensation you deserve.

Samer Habbas