You probably know that if you are injured on the job, workers’ compensation covers your employer’s liability for the accident. Workers’ compensation does not apply to third-party liability, however. In other words, if your work-related accident was caused by someone other than your employer (or someone working for your employer), you can still file a separate personal injury lawsuit against that party.
Newcomb v. Spring Creek Cooler, Inc.
Of course, unlike “no-fault” workers’ compensation benefits, you still have to prove that the third party did something wrong. The third party may turn around and argue you were either at-fault for the accident, or you should have been aware of the dangerous condition that caused your injuries.