Workplace Injury Claims (Third-Party Liability)

When Someone Other Than Your Employer Is Responsible

Erdmann Law Offices, S.C. represents Milwaukee workers injured on the job due to another company’s negligence, helping them recover beyond workers’ compensation limits.

Understanding Third-Party Work Injury Claims in Wisconsin

Injured on the Job by Someone Else’s Negligence?

Not every jobsite injury is limited to workers’ compensation. When a separate company, contractor, or individual causes harm, you may have a personal injury claim in addition to your work comp benefits. These third-party cases can arise in construction sites, delivery driving, or off-site work settings. Our workplace injury lawyer in Milwaukee investigates all potential sources of liability to ensure no responsible party is overlooked.

Where We See Negligence Most Often

Common Third-Party Work Injury Scenarios

Workers in all industries face risks caused by others. These are some of the most frequent third-party injury claims we handle.

Construction Site Accidents:

Injuries caused by subcontractors, falling materials, or equipment negligence.

Motor Vehicle Accidents on the Job:

Delivery drivers or field workers struck by other vehicles during work travel.

Injuries at off-site Locations:

Slips, trips, or unsafe conditions while working at a client’s property.

Defective Equipment:

Faulty tools or machinery that malfunction, creating product liability claims against manufacturers.

How Third-Party Claims Work Alongside Comp Benefits

Coordination With Workers’ Compensation

If you file a personal injury claim against a third party, you can still receive workers’ comp from your employer. However, your comp insurer may later be reimbursed from part of your settlement. We coordinate both claims to maximize your recovery and reduce the workers’ comp lien wherever possible. Pursuing a third-party claim allows you to recover damages beyond comp—such as full wage loss, pain and suffering, and future medical expenses. These claims are especially common in multi-contractor construction settings or driving-related jobs across Milwaukee and Waukesha County.

What Injured Workers Commonly Ask

Questions About Third-Party Work Injury Claims

  • Can I sue my employer for my work injury?

    Generally, no. Workers’ compensation laws in Wisconsin protect employers from direct lawsuits. However, if someone other than your employer caused your injury—like another company or a manufacturer—you may have a separate personal injury claim.

  • How do I know if a third party is at fault?

    It’s not always obvious. We investigate the work environment, contracts, and relationships between companies on-site to identify who was responsible. A free consultation helps determine if another party’s negligence played a role in your injury.

  • What if I’m already receiving workers’ comp benefits?

    You can still pursue a third-party claim while receiving comp benefits. Workers’ comp will continue covering medical bills and partial wages while we handle the lawsuit against the at-fault party. Our goal is to recover compensation for what comp doesn’t cover.

  • Is a third-party claim handled differently than other injury cases?

    Yes, there are added steps involving the workers’ comp insurer and possibly OSHA or employer cooperation. These cases can involve multiple layers of liability. We manage all coordination to prevent delays and protect your rights.

  • What if a contractor injured me on a job site?

    We’ll evaluate whether that contractor or their company had a duty to maintain safety. If negligence occurred, their liability insurance would likely cover your damages. Multi-employer sites often involve shared responsibility, and we pursue every liable party.