Can You File a Third-Party Lawsuit After a Workplace Injury?
Louisiana law allows injured workers to pursue a third-party lawsuit when someone other than their employer or co-worker caused the injury. These lawsuits can provide compensation beyond what workers’ comp offers—often making a major difference in someone’s recovery.
At the Law Office of Bruce C. Betzer, we’ve helped countless workers across Metairie, Louisiana, recover compensation after being hurt on the job. Most people assume their only option is to file a workers' comp claim. While that’s usually the first step, it’s not always the only one.
We understand how important it is to explore every available path. If you’ve been injured on the job and someone else is at fault, we’ll look at whether a third-party lawsuit could give you the full justice you deserve.
What Is a Third-Party Lawsuit?
A third-party lawsuit is a separate legal action you can take against someone other than your employer or a co-worker who contributed to your injury. This could be a subcontractor, a driver, a property owner, or a manufacturer of defective equipment.
Louisiana’s workers' comp system limits your ability to sue your employer directly. In exchange for receiving benefits like medical care and partial wage replacement without proving fault, you usually give up the right to file a traditional personal injury lawsuit against your employer.
But when someone else outside of your company plays a part in your injury, you may have the right to sue that party. This lawsuit would be completely separate from your workers' comp claim—and it could open the door to much broader compensation.
How Is a Third-Party Lawsuit Different from Workers’ Comp?
Workers’ comp benefits are limited. You can receive medical treatment, mileage reimbursement, and partial wage loss benefits, but that’s about it. You don’t get paid for your pain, suffering, emotional distress, or full lost wages. And if your injury results in long-term disability, the benefits rarely match the lifelong impact you suffer.
A third-party lawsuit can include all those things workers' comp doesn’t cover. That’s why it’s worth taking a close look at the facts of your case.
Let’s say you were injured on a construction site. You work for a contractor, but a different company’s crane malfunctioned and dropped materials that hit you. Or imagine a delivery driver gets hit by a reckless driver while on a delivery route. In both cases, the injured person could have a workers' comp claim and a third-party lawsuit.
When Can You File a Third-Party Lawsuit in Louisiana?
You can file a third-party lawsuit in Louisiana if someone outside of your employment relationship contributed to your workplace injury. Here are some examples:
Common Third Parties You May Be Able to Sue
Drivers in auto accidents: If you’re hurt while driving for work and another driver causes the crash, you can pursue a personal injury claim against that driver—even while collecting workers' comp.
Subcontractors or other crews: On construction sites, multiple companies often work side by side. If another crew’s negligence injures you, that opens the door to a third-party claim.
Property owners or managers: If you’re working on someone else’s property and their negligence—such as failing to fix hazards—causes your injury, you can sue them.
Product or equipment manufacturers: When defective tools or machinery malfunction and lead to injury, the maker or distributor may be liable.
Maintenance or cleaning companies: If an outside company failed to do their job and created a dangerous situation, they can be held accountable.
We dig into every case to figure out whether someone outside the employer’s control played a role. It’s not always obvious, but we’re trained to look for what others miss.
Can You Still Get Workers’ Comp While Suing Someone Else?
Yes. You can pursue a third-party lawsuit and receive workers' comp at the same time. In fact, most people do. The workers' comp system is designed to provide immediate relief—covering your medical bills and paying part of your lost wages right away.
If your third-party lawsuit results in a financial recovery, you may have to pay back a portion of your workers' comp benefits out of that settlement. This is called subrogation. It helps prevent double recovery, but it also makes sure all parties are treated fairly.
We handle subrogation issues regularly and work hard to reduce what’s paid back so you can keep more of your settlement. If the lawsuit award is large enough to fully cover your damages, you may even be able to settle your workers' comp claim completely and move on with a clean slate.
What Can You Recover in a Third-Party Lawsuit?
One of the biggest differences between workers' comp and third-party claims is the scope of damages. Louisiana law allows you to recover the following in a personal injury lawsuit:
Full lost wages, past and future
Medical expenses not covered by workers' comp
Pain and suffering
Loss of enjoyment of life
Emotional distress
Scarring or disfigurement
Loss of future earning capacity
This can make a major difference for workers who suffer long-term injuries, especially when workers' comp only covers a fraction of what they’ve lost.
We believe injured workers deserve more than just the minimum—and third-party lawsuits often offer the chance to get what’s truly fair.
Is There a Deadline for Filing a Third-Party Lawsuit?
Yes. In Louisiana, the statute of limitations for filing a personal injury lawsuit is one year from the date of the injury. That’s a very short time frame, and missing the deadline will likely prevent you from ever filing the claim.
We encourage injured workers to contact us as soon as possible after a workplace injury—especially if they suspect someone outside the company may have been responsible. Gathering evidence, talking to witnesses, and preserving your rights takes time. The sooner we get involved, the better chance we have to build a strong case.
Do You Have to Choose Between Workers’ Comp and a Lawsuit?
No. Louisiana law allows you to receive workers' comp while also pursuing a lawsuit against a third party. These two paths serve different purposes and often go hand in hand.
The workers' comp system is designed to provide quick, no-fault benefits to keep you afloat. The third-party lawsuit process is aimed at holding negligent outsiders accountable—and giving you access to broader compensation.
We’ve helped many clients pursue both routes at the same time. It takes careful coordination and a clear understanding of how the systems interact. We handle all of that so our clients can focus on healing and moving forward.
What Should You Do After a Workplace Injury?
The first step is always to report the injury to your employer and seek medical treatment. That starts the workers' comp process and protects your legal rights.
But don’t stop there.
If you believe someone outside of your company may have caused or contributed to your injury, contact us immediately. We’ll investigate every angle, identify responsible third parties, and begin building your case.
We take the time to look at the full picture—not just the injury but the surrounding circumstances. Did someone else fail to follow safety procedures? Was a product defective? Were there warnings that went ignored?
We’ve built a reputation for digging deeper and standing up for injured workers throughout Louisiana.
Let Us Fight for Your Workers’ Comp
At the Law Office of Bruce C. Betzer, we don’t believe injured workers should settle for half-measures. We’re proud to serve Metairie, Louisiana, and the surrounding areas of Chalmette, New Orleans, Jefferson Parish, and St. Tammany Parish. Call today.