When Workers’ Comp Isn’t Enough
Mississippi workers’ compensation is designed to cover medical bills and partial wage loss after a workplace injury. But it doesn’t pay for pain and suffering or full lost wages.
That’s where third-party claims come in.
If a person or company other than your employer contributed to your injury, you may have a separate claim against them. These cases often provide compensation beyond what workers’ comp offers.
What Is a Third-Party Claim?
A third-party claim is a personal injury lawsuit filed against someone other than your employer or coworker. Common examples include:
Negligent drivers – A delivery driver injured by a reckless motorist.
Unsafe subcontractors – Construction accidents caused by another company’s employee.
Defective products – Injuries from faulty machinery or tools.
Property owners – Falls on a job site owned by someone other than your employer.
How Third-Party Claims Work with Workers’ Comp
Workers’ comp provides medical care and partial wage replacement regardless of fault. A third-party claim, on the other hand, requires proving the other party’s negligence—but it can include damages workers’ comp doesn’t cover, like:
Pain and suffering
Full lost wages
Future earning capacity
Emotional distress
You can pursue both claims simultaneously, but Mississippi law requires you to reimburse workers’ comp for certain benefits if you recover from the third party. This process, called subrogation, is complex and demands careful handling.
Deadlines to Act
In Mississippi, most third-party injury claims must be filed within three years of the accident. But workers’ comp deadlines are much shorter. Acting quickly protects both types of claims.
Why You Need a Lawyer
Balancing a workers’ comp claim and a third-party lawsuit requires experience. The insurance company will protect its interests. So will the third party. You need someone protecting yours.
At Eichelberger Law Firm, we handle these cases regularly. We know how to coordinate both claims and fight for the full recovery you deserve.
Call Us Today
If you’ve been hurt at work and believe someone outside your company is responsible, call us at 601-202-9981 for a free consultation. We’ll help you explore every option for compensation.