When a Workplace Accident Falls Outside of Workers’ Compensation
When you go to work in the morning, you expect it to be another normal day. Until the day you get injured on-the-job.
You may be a very safe person, but a workplace has inherent dangers, especially if it is on a construction site, in a warehouse, in a manufacturing plant, or involves the transportation industry.
Workers in Mississippi suffered 90 fatal work injuries in 2017, according to the Bureau of Labor Statistics. That is an increase of 19% from the previous year and the highest number of fatalities and injuries over the last decade. Private industry accounted for the majority of the workplace fatalities.
After your workplace accident, you may be surprised. While workers’ compensation is supposed to provide you with medical benefits and lost wages while you heal, there may be problems with seeking that compensation.
Your boss may not believe you really are injured. There may be some fault laid on the job you did and whether you were negligent. All of a sudden, your injury is compounded by the stress of seeking compensation and the uncertainty of whether you will be able to.
We strongly suggest you seek the expertise of an experienced workers’ compensation law firm to help you through this difficult time to secure all of the compensation you are due to help pay the bills, receive the medical therapy you deserve, and if necessary, permanent disability payments.
Some injured workers may think they can tough it out and don’t want to bring attention to themselves in the workplace. However, that can mean you lose your right to a claim. Immediately notify your employer within 30 days of the incident.
Workers’ Compensation
In Mississippi, any employer with five or more employees must carry workers’ compensation insurance.
Workers’ comp is not a lawsuit, it is an insurance claim designed to cover workers injured on-the-job to pay medical expenses and up to two-thirds of your lost income, regardless of who is responsible for the accident. It can also cover a permanent disability and death.
Fault is not an issue in a typical on-the-job workers accident insurance claim. Fault does become an issue if there is a negligent third party involved.
Is a Third Party Involved in Your Workers’ Comp Case?
Not all injuries are directly related to your employer or the workplace.
- Defective Product – If a component of a machine malfunctions, an experienced workers’ compensation law firm will then investigate whether the machine was defective in some way. Had there been a recall or is there a history of this machine failing to the point of causing injury?
If we find that is the case, a third party defective product lawsuit may be filed against the machine manufacturer to seek compensation for your injuries and lost wages. This would be filed in addition to your workers’ compensation claim. - Drunk or Distracted Driver – A drunk driver mayhit you when you are working on your delivery route. If you are injured, you are entitled to collect not only workers’ compensation benefits but also to file a personal injury claim against the insurance company for the drunk driver.
You, the injured party, may be able to collect all out-of-pocket expenses, all of your lost wages and bonuses, as well as medical bills and compensation for pain and suffering. - Unsafe Property – If you are working for your employer but on a property that is not owned by your employer, you may be able to file a third party lawsuit if you are hurt because of the dangerous conditions on the property.
We may find a contractor or and sub-contractors is in violation of OSHA (Occupational Safety and Health) rules. These are the individuals who are the at-fault party and we must prove their negligence.
How Do Third-Party Liability Claims Work for Workplace Accidents in Mississippi?
When a workplace accident happens in Mississippi, the immediate safety net is typically workers’ compensation. This system provides critical relief by covering medical bills and a portion of lost wages without requiring you to prove fault. However, traditional workers’ compensation has notable limitations: it does not pay for non-economic damages like physical pain, emotional distress, or the full scope of your long-term earning capacity.
If someone other than your employer or a direct coworker contributed to your injury, you may have grounds to file a separate personal injury lawsuit known as a third-party claim. Navigating these parallel legal paths requires an understanding of how liability, recovery, and state regulations interact under rules codified via the Mississippi Code § 71-3-71.
Identifying a Third-Party Claim
Under Mississippi law, the exclusive remedy rule generally prevents you from suing your employer or direct coworkers for negligence after a job-related accident. Nevertheless, this immunity does not extend to outside entities. Common examples of third-party liability include:
- Negligent Motorists: A delivery driver or traveling employee who gets hit by a reckless driver while on the clock.
- Defective Product Manufacturers: Workers injured by malfunctioning machinery, faulty safety gear, or defective tools can pursue product liability claims against the manufacturer or distributor.
- At-Fault Subcontractors or Property Owners: On multi-employer job sites—such as construction projects—if an employee from an independent contracting firm or a negligent property owner creates a dangerous hazard, they can be held legally accountable.
Proving Fault and Comparative Negligence
Unlike a standard workers’ compensation claim, which operates on a no-fault basis, a third-party lawsuit is a traditional personal injury action. This means your legal team must prove that the third party acted negligently and that their negligence directly caused your injuries.
Mississippi adheres to a pure comparative negligence rule governed by Mississippi Code § 11-7-15. If you share a percentage of the blame for the accident, you can still recover damages, but your final financial award will be reduced directly in proportion to your assigned share of fault.
Interaction with Workers’ Compensation and Subrogation
You are legally permitted to collect workers’ compensation benefits while simultaneously pursuing a third-party lawsuit. However, to prevent a “double recovery” for identical economic losses, Mississippi law grants your employer or their insurance carrier a right to subrogation.
Under Mississippi Code § 71-3-71, if you successfully recover a settlement or judgment from a third party, the insurance carrier is entitled to reimbursement for the medical and wage benefits they paid out, minus a proportional share of collection costs. Any remaining funds from the third-party recovery belong entirely to you. Additionally, state law requires you under Mississippi Code § 71-3-71 to officially notify your employer or carrier within 15 days of filing a third-party suit.
Critical Deadlines
Time is of the essence when handling complex workplace injury cases. While the general statute of limitations for filing a personal injury lawsuit against a third party in Mississippi is three years from the date of the accident pursuant to Mississippi Code § 15-1-49, deadlines associated with reporting the accident and filing claims through the Mississippi Workers’ Compensation Commission are often much tighter. Prompt action ensures that evidence is preserved and your right to total compensation remains protected.
Reeves and Mestayer works with investigators to determine the other responsible parties and how they contributed to your injury. This means we consult with safety experts, medical personnel, and eyewitnesses to determine just how you were injured.
Ultimately, we may be able to file a workers’ compensation claim against your employer and against the third party responsible for your injuries.
Please do not hesitate to call us for a complimentary consultation so that we can advise you on the steps you need to take immediately. Do not let too much time to lapse. Otherwise, you may lose your ability to seek compensation while you heal from your job-related injuries.
