Could I sue a third party for damages related to my work injury or illness?

Yes, if the third party’s negligence led to your workplace injury or occupational illness. In fact, it can be imperative that you evaluate your case to find out if any third parties might be liable. As mentioned above, workers’ compensation benefits do not fully replace your wages. Also, you cannot receive compensation for pain and suffering, loss of consortium, or other possible non-economic damages, from workers’ compensation, but you could from a third-party liability claim.

Some examples where a third party might be liable for damages include:

• Property owners, business owners, or contractors responsible for a job site where an accident occurs.
• Companies that manufacture dangerous or toxic chemicals that led to an occupational illness after exposure.
• Companies that manufacture or distribute defective products or equipment when a defect leads to injury, illness, or death.
• Negligent drivers who cause a traffic accident with employees who are driving or riding in a company vehicle.