Work injuries caused by third parties

Workers’ comp may not be your only option. When someone other than your employer caused the injury, you may have a separate claim.

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If you were hurt on the job in Indiana, you probably have a workers’ compensation claim. But workers’ comp is not always the whole story. When someone other than your employer caused the injury, you may also have a separate personal injury claim—often called a third-party claim.

Workers’ comp vs. a third-party claim

Under the Indiana Worker’s Compensation Act, workers’ comp is generally the exclusive remedy against your employer (IC 22-3-2-6). It pays certain medical bills and a portion of lost wages but does not pay for pain and suffering. A third-party claim against a negligent outside party (IC 22-3-2-13) can seek full damages, including pain and suffering.

Common third-party situations

  • Work driving crashes: delivery drivers, sales reps, and rideshare drivers hit by another motorist.
  • Truck and loading-dock injuries caused by another company’s driver or equipment.
  • Construction sites where a different contractor created the hazard.
  • Defective equipment and machinery, which can support a product liability claim against the manufacturer.
  • Falls on someone else’s property while working, such as a service call at a customer’s business.

Examples from our firm

As described on our firm website, a delivery worker’s finger was caught in a rental truck’s lift gate and partly amputated; we sued the rental company and the lift-gate manufacturer, retained an engineering expert, and reached settlements with both. In another matter, a rideshare driver injured while working recovered $150,000 from his underinsured motorist policy (settlement). Prior results do not guarantee a similar outcome.

Truck, delivery, and warehouse workers

Professional drivers and warehouse workers face particular risks: being struck by another company’s truck, injured at a customer’s loading dock, or hurt by equipment owned by someone else. When a commercial vehicle is involved, federal safety rules and commercial insurance may apply—see our Indiana truck accident lawyer page.

The workers’ comp lien

If workers’ compensation paid benefits, the employer or its insurer generally has a lien on a third-party recovery. How that lien is handled affects what you take home, so it should be addressed early.

Deadlines

Third-party injury claims are generally subject to Indiana’s two-year personal injury deadline (IC 34-11-2-4). Workers’ compensation claims have their own deadlines and procedures through the Worker’s Compensation Board of Indiana.

Frequently asked questions

Can I sue my employer for a work injury in Indiana?

Generally no—workers’ compensation is usually the exclusive remedy against an employer (IC 22-3-2-6). But you may be able to sue a negligent third party.

What is a third-party claim?

A personal injury claim against someone other than your employer—such as another driver, a contractor, or an equipment manufacturer—whose negligence caused your work injury (IC 22-3-2-13).

Do I have to pay back workers’ comp if I win a third-party case?

The employer or its insurer generally has a lien on a third-party recovery for benefits it paid. The details affect your net recovery.

Sources

  • IC 22-3-2-6 — official heading: “Exclusive remedies.” Worker’s compensation is generally the exclusive remedy against the employer.
  • IC 22-3-2-13 — official heading: “Claims against third persons; subrogation; procedures.” An injured worker may pursue claims against third parties (not the employer), subject to the employer’s or carrier’s lien.
  • IC 34-11-2-4 — official heading: “Injury or forfeiture of penalty actions.” An action for injury to a person or to personal property generally must be started within two years after the cause of action accrues.

Indiana Code links open the official chapter PDF from the Indiana General Assembly (2026 Code); federal rules link to the current eCFR text.

More official links: Indiana accident resources · Indiana crash statistics · How to get your crash report

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