A caller to our office wanted to know their rights when involved in an accident while on the job, but caused by someone other than their employer or co-employee. 

An injured worker cannot normally file a civil action against their employer for personal injury sustained on the job, and must use the workers' compensation system only. Often, however, a worker is injured as the result of the action of a person or company not connected to the workers employer. Car, construction accidents and faulty equipment causing injury are the most common examples of these types of third-party claims. 

The injured employee would receive workers' compensation benefits from the employer, and also have the right to pursue a claim for damages against the person or persons causing the accident who are not connected with the employer. This claim is a civil action for personal injury and allows the injured employee to recover damages that are not available under workers' compensation. Damages for pain and suffering & past and future lost wages are available in the civil action, and not part of the workers' compensation claim.

The employer and its' workers' compensation insurance carrier have subrogation rights to any damages the employee recovers from a third party. The employer and insurance carrier also have the right to bring the action against the third party if the injured employee does not do it after notice to recover what was paid out under the workers' compensation system. As with any case, prompt investigation is needed to secure accurate information and protect your rights!