Seeking Compensation From A Third-Party Injury Case
Last updated on April 22, 2026
In many workers’ compensation cases, there are negligent third parties who are at fault for a work accident or injury. From contractors to manufacturers and suppliers, third parties can be held responsible for the injuries they cause.
At Shumate, Flaherty & Eubanks, PSC, in Richmond, our attorney, Michael Eubanks, protects workers’ rights after a work accident in Kentucky. If you have been injured and a third party was involved, he can represent you in a workers’ compensation claim as well as a third-party claim. Contact our firm today to learn how he can help.
Beyond Workers’ Comp: Identifying Negligent Third Parties In Your Workplace Accident
A negligent third party is a party that is not your employer or a fellow employee. Some examples of negligent third parties include:
- Contractors and subcontractors
- Manufacturers of defective machinery, tools, equipment or vehicles
- Vendors and suppliers
- Drivers
- Property owners
When attorney Eubanks investigates your workplace accident, he will determine whether a negligent third party was at fault. By uncovering the cause of the accident, he will sort out the liability and name the negligent party. If a third party is negligent, he will identify them and pursue a third-party case against them.
Maximizing Recovery: How A Third-Party Lawsuit Supplements Your Workers’ Comp Benefits
Under Kentucky workers’ compensation, you can receive benefits that include:
- Two-thirds of your average weekly wage
- Reimbursement for all medical treatment and medication
- Rehabilitation benefits such as job training or placement
Workers’ compensation benefits do not include full wage replacement or damages for pain and suffering.
If you are able to file a third-party personal injury claim, however, you can seek compensation for full wage loss and noneconomic damages.
Noneconomic damages can cover your personal losses such as:
- Your pain and suffering
- Loss of enjoyment of life
- The family’s emotional distress
- Loss of consortium
In cases of extreme negligence, punitive damages may also be awarded, but this is rare. Punitive damages are about punishing the negligent party and potentially keeping others from acting in the same manner.
The Impact Of Subrogation: How Kentucky Law Handles Overlapping Insurance Claims
When there is a third-party personal injury claim in a workers’ compensation case, your employer may be able to recover the cost of the workers’ compensation benefits through subrogation. Your employer can file a third-party lawsuit of their own, demanding to be reimbursed by the third party for the cost of the benefits your employer paid to you.
Workers need to understand that in subrogation, a lien may be placed on their third-party case, which may reduce the amount of compensation that they recover. You should speak with your Kentucky workplace personal injury lawyer about how this may affect your third-party claim compensation.
Experienced Help For Third-Party Workers’ Comp Claims In Kentucky
If you have questions about work accident third-party liability in Richmond, KY, call us at 859-353-0878 or send an email today. Your consultation is free.