Third Party LiabilityA work injury lawsuit can be filed after a workplace injury only if your employer doesn’t have workers’ comp or if your suit is against a third party. You would need to show that the third party’s negligence was the cause of harm to you in order to be compensated. It is possible for a third party to be 100 percent responsible for harming you and for you to still make a workers’ comp claim. Obtaining workers’ compensation would not change the liability of the third party, which means you could receive benefits through workers’ comp and get compensated for medical costs, wage losses, pain and suffering, and emotional distress through your third party lawsuit. Keep in mind, in some cases, when you recover compensation in a third party lawsuit after a work injury, you are required to pay back the benefits you received through workers’ comp. The damages or settlement money received from your injury lawsuit is intended to cover medical costs and wage losses, and workers’ comp also covers these things. As a result, the laws don’t allow you to essentially get paid twice (or get benefits twice) that cover the same losses. Even so, these claims are oftentimes worth pursuing.