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Workers’ compensation benefits in Mississippi cover your medical bills and roughly two-thirds of your lost wages. They do not cover pain and suffering, emotional distress, or your full earning capacity. When your workplace injury was caused by someone other than your employer, those uncovered losses can add up to tens or hundreds of thousands of dollars. A third-party lawsuit is the legal path to recovering what workers’ comp leaves on the table. A North Mississippi workers’ compensation attorney at Chatham Gilder Howell Pittman can identify liable third parties and pursue the full compensation your injury warrants.
What Is a Third-Party Lawsuit After a Workplace Injury?
A third-party lawsuit is a personal injury claim brought against someone other than your employer whose negligence led to your work injury.
In Mississippi, the workers’ compensation system operates as the exclusive remedy against your employer for workplace injuries, meaning you generally cannot sue your employer for negligence after a job-related accident. However, the exclusivity rule does not apply to third parties. An injured worker can still pursue a “third-party claim” against a non-employer entity, such as a negligent equipment manufacturer or a driver from a different company.
A critical aspect of third-party lawsuits is their interaction with the workers’ compensation system. An injured worker can receive workers’ compensation benefits while simultaneously pursuing a third-party claim. However, to prevent a “double recovery” for the same economic damages, the workers’ compensation insurance carrier has a right to be reimbursed from any settlement or judgment obtained from the third party. This process is known as subrogation, and it is governed under Mississippi law by the statute that addresses compensation for injuries where third parties are liable.
Who Can Be Held Liable in a Third-Party Workplace Injury Claim?
Not every workplace injury involves a third party, but some do. If any person or company outside of your employment relationship contributed to your accident, they may be held financially responsible. Some of the most common third-party scenarios include:
Motor Vehicle Accidents on the Job
If you were driving and were on the job at the time of your car accident, you may be able to file a personal injury lawsuit against the at-fault driver in addition to filing a workers’ compensation claim with your employer.
Defective Equipment or Products
Manufacturers and sellers of tools, equipment, and machines that employees use during their employment can be liable. If a worker is injured because a forklift malfunctions due to defective brakes or because scaffolding materials were unstable, the employee can file a product liability claim.
Negligent Subcontractors or Contractors
In construction accident cases, a number of injuries result in third-party claims because there are usually a number of different work crews from different companies working on the project. Typically, there are contractors, sub-contractors, and property owners involved.
Dangerous Property Conditions
If the owner of a construction site or other work site failed to maintain that property in a reasonably safe condition, resulting in injury, a worker may file a third-party claim.
Toxic Substance Exposure
Sometimes chemicals and other substances found in and around the workplace can cause severe injuries and illnesses. Asbestos, benzene, chromium compounds, silica, and radium are frequent culprits. When a third party is responsible for the manufacture, sale, or placement of these toxic substances, a worker who becomes ill might pursue an injury claim against them.
An experienced attorney can investigate your accident, identify every potentially liable party, and determine whether a third-party lawsuit can increase the compensation available to you.
Why a Third-Party Claim May Be Worth More Than Workers’ Comp Alone
Workers’ compensation in Mississippi is a no-fault system. Workers no longer need to show that their employer is at fault for their injuries to receive compensation. Instead, all an employee needs to show is that they suffered from an injury in the ordinary course and scope of their employment.
Workers’ compensation benefits only pay up to two-thirds of your average weekly wages, meaning a full third is not covered. Workers’ compensation is designed to provide quick relief, but it is limited in what it covers. You cannot collect damages for pain and suffering, and compensation may not fully cover long-term needs.
A third-party lawsuit fills those gaps. A third-party lawsuit allows you to seek broader damages, such as all loss of income, emotional distress, future medical expenses, and loss of earning capacity. These additional damages can make a significant difference in your financial recovery, especially when your injuries are severe or permanent.
There is one important distinction to keep in mind. Unlike the no-fault nature of workers’ compensation, a third-party lawsuit is a personal injury claim that typically hinges on proving the third party’s negligence. It also means the claim is subject to comparative negligence.
Mississippi has a pure comparative negligence system. This means that you can still recover damages even if you are 99% at fault for your injuries. However, your award is reduced by the percentage of fault attributed to you.
Deadlines That Apply to Your Claim in North Mississippi
Time limits are critical in any workplace injury case. There are two sets of deadlines to keep in mind when you are pursuing both workers’ comp benefits and a third-party lawsuit in Mississippi.
For workers’ compensation, there are two critical deadlines injured workers must keep in mind in Mississippi. You must notify your employer of your injuries within 30 days of the injury or diagnosis.
After reporting your injury to your employer, you must file a Petition for Workers’ Compensation with the Mississippi Workers’ Compensation Commission. The statute of limitations for filing this petition is generally two years from the date of injury. It is important to note that once your employer files a Notice of Final Payment form, you have just one year to seek additional treatment and file a formal petition.
For a third-party personal injury lawsuit, in Mississippi, most third-party injury claims must be filed within three years of the accident. While three years may seem like ample time, evidence degrades, witnesses forget details, and insurance companies benefit from delay. Acting quickly protects both types of claims.
If you file a third-party lawsuit, Mississippi law also requires you to notify your employer or workers’ comp carrier within 15 days of filing that suit. Failing to do so could complicate the subrogation process and put your benefits at risk. These overlapping deadlines are one of the many reasons why having an attorney who understands both workers’ comp and personal injury law in North Mississippi matters.
Protect Your Right to Full Compensation After a Workplace Injury
If you were hurt on the job and believe someone other than your employer played a role in your injury, do not assume workers’ comp is the only path forward. The attorneys at Chatham Gilder Howell Pittman have over 100 years of combined experience standing up for injured workers across North Mississippi. We personally listen to every client and fight for the compensation you deserve. Contact us today to schedule a free consultation. There are no fees unless we recover compensation for you.
