Workplace injury lawsuit cases often involve serious accidents where a third party — not the employer — is found responsible. For example, a construction worker who falls from unsafe scaffolding may sue the subcontractor who failed to install guardrails. These cases usually happen on job sites with multiple companies involved, like construction zones, warehouses, or factories.
Another common case involves defective equipment. If a worker is injured by a machine that malfunctions due to poor design or missing safety features, they can file a product liability lawsuit against the manufacturer. These lawsuits often include evidence of past complaints, lack of warnings, or ignored recalls.
Property-related hazards also lead to lawsuits. If a delivery driver slips on ice at a loading dock that wasn’t cleared by the property owner, the injured worker may sue for negligence. In all these cases, the injuries are usually serious — such as brain trauma, spinal injuries, or amputations — and the lawsuits seek full compensation beyond what workers’ comp offers.
What Qualifies as a Workplace Injury?
A workplace injury is any physical or mental harm that happens while someone is doing their job. These injuries can be sudden, like a fall or machine accident, or they can build up over time, like back pain from lifting or stress-related disorders.
Some of the most common workplace injuries include:
- Slips, trips, and falls from wet floors, uneven surfaces, or ladders.
- Strains and sprains from lifting heavy items or repeating the same motion.
- Cuts or punctures from tools or equipment.
- Head injuries, including concussions or brain trauma from falling objects.
- Burns or chemical exposure in factories or labs.
- Spinal cord injuries from falls or heavy impact.
- Amputations or crush injuries from dangerous machinery.
These injuries can happen in many job settings — from construction sites to warehouses to offices. Some are minor and heal fast. Others are severe and can change a person’s life forever.
When an injury is serious, it may be called a catastrophic injury. That means the damage is long-term or permanent, like paralysis or brain damage. These cases often involve more than just workers’ compensation — they can lead to lawsuits if someone else is at fault.
When Can You Sue After a Workplace Injury?
You can sue after a workplace injury only in certain situations. Most of the time, workers must use workers’ compensation to get money for medical bills and lost wages. This system doesn’t require you to prove fault, but it also limits how much money you can get — and you can’t usually sue your employer.
But there are exceptions. You may be able to file a lawsuit if:
- Your employer hurt you on purpose — for example, if they assaulted you or forced you to work in clearly unsafe conditions.
- Your employer doesn’t have workers’ comp insurance, which is required in most states.
- A third party caused your injury — like a contractor, property owner, or equipment maker.
In these cases, you can file a personal injury lawsuit. That means you can ask for full compensation, including pain and suffering — something workers’ comp doesn’t cover.
For example, in Oregon, you can’t usually sue your boss if they have proper insurance. But you can sue a third party who helped cause the injury. That’s where many workplace lawsuits begin — especially on job sites with multiple companies working together.
Who Can Be Held Liable Besides the Employer?
In many workplace injury cases, someone other than your employer may be legally responsible. These people or companies are called third parties, and they can be sued if their actions or products caused your injury. This is important because a third-party lawsuit can lead to more compensation than workers’ comp alone.
One common example is equipment manufacturers. If a machine you were using had a defect — like faulty brakes or exposed blades — and that caused your injury, the company that made or sold the machine can be held liable. They’re expected to design and build equipment that’s safe to use. If they fail, they can be sued.
Contractors and subcontractors are also often involved in third-party cases. On construction sites, for example, workers from different companies share the same space. If a subcontractor leaves tools lying around or fails to secure scaffolding, and you get hurt, that company could be responsible.
Property owners can also be liable. If you’re working on someone else’s property and you slip on a broken stair or get shocked by faulty wiring, the owner may be sued for unsafe conditions. They have a duty to keep the space safe for people who are allowed to be there.
In short, if someone outside your company played a role in your injury, you may have a third-party claim.
What Is a Catastrophic Workplace Injury Claim?
A catastrophic workplace injury is a severe injury that causes long-term or permanent damage. These injuries affect a person’s ability to work, take care of themselves, or live independently. In legal terms, they are much more serious than minor cuts or sprains — and they often lead to bigger lawsuits.
Examples of catastrophic injuries include:
- Spinal cord injuries, which can lead to full or partial paralysis.
- Traumatic brain injuries, which affect memory, thinking, or behavior.
- Amputations, where a limb is lost due to an accident.
- Severe burns that cause lasting pain, disfigurement, or disability.
- Multiple fractures or crushed bones that need surgeries and long recovery times.
These injuries often happen in dangerous job environments like construction, manufacturing, or heavy transportation. They can be caused by falls from high places, machinery malfunctions, electrocution, or vehicle accidents on the job.
When someone suffers a catastrophic injury at work, the impact isn’t just physical. The person might need lifelong medical care, lose their income, or go through emotional trauma. That’s why these cases often go beyond workers’ comp and become third-party lawsuits. If someone else — like a contractor, driver, or equipment supplier — helped cause the injury, they can be sued for full damages.
What Are Examples of Successful Workplace Injury Lawsuits?
Successful workplace injury lawsuits often involve strong evidence, serious injuries, and a clear third party at fault. These real-world cases show how injured workers secured full compensation by going beyond workers’ comp and suing responsible parties.
In one case shared by Romano Law Group, a construction worker fell from a lift because a subcontractor failed to install proper safety rails. The injury left the worker with permanent spinal damage. The legal team proved the subcontractor ignored safety rules. The result: a significant settlement that covered medical costs, future care, and lost earning potential.
Another case involved a factory employee whose hand was crushed by a defective machine. The manufacturer knew the machine had safety issues but didn’t recall it. By showing records of past complaints and lack of warnings, the injured worker’s lawyers built a strong product liability case. The jury awarded full compensation, including pain and suffering.
In a third case, a delivery driver suffered a traumatic brain injury after falling in a warehouse where the lighting was broken. The property owner failed to fix the lights despite multiple warnings. The injured worker sued for negligence and won, since the unsafe condition clearly led to the fall.
These cases had a few things in common: serious, long-term injuries; clear evidence of someone else’s fault; and experienced legal help. The outcomes weren’t limited to medical bills — they also included money for emotional distress, future income loss, and reduced quality of life.
What Compensation Can You Get from a Workplace Injury Lawsuit?
In a workplace injury lawsuit, you can receive more than just basic medical coverage. Unlike workers’ compensation, which is limited, a personal injury or third-party lawsuit can include full financial recovery for all the ways the injury affects your life.
There are three main types of compensation:
- Economic Damages – These cover direct financial losses:
- Medical bills, hospital stays, surgeries, and rehabilitation.
- Lost wages for time you couldn’t work.
- Future medical care and loss of earning ability if you can’t return to your job.
- Medical bills, hospital stays, surgeries, and rehabilitation.
- Non-Economic Damages – These cover emotional and personal losses:
- Pain and suffering from the injury.
- Mental distress, anxiety, or depression.
- Loss of enjoyment of life or inability to do activities you once could.
- Pain and suffering from the injury.
- Punitive Damages – These are rare and only awarded when the other party acted with extreme negligence or intentional harm. For example, if a company ignored repeated warnings about dangerous equipment.
The amount of compensation depends on:
- How severe and permanent the injury is.
- How much the injury affects your ability to work or live normally.
- How strong the evidence is against the third party.
- Whether you share any blame for the accident.
Lawyers also look at long-term costs, such as lifetime care needs or income loss over decades. This is why catastrophic injury claims often lead to much larger payouts than standard injury cases.
How to File a Workplace Injury Lawsuit and What to Expect
Filing a workplace injury lawsuit starts with knowing your rights and acting quickly. The process can take time, but each step is important to protect your health and your legal case.
The first step is to report the injury to your employer right away. This helps create an official record. Then, get medical treatment as soon as possible. Medical reports are key evidence, especially if the injury turns out to be serious or permanent.
Next, you should talk to a personal injury lawyer, especially if someone other than your employer may be responsible. A lawyer can review your case and explain whether you can file a third-party lawsuit. They’ll also help collect proof — such as accident reports, photos, witness statements, and safety records.
Once the case is ready, the lawyer will file a formal complaint in court. This starts the legal process. The other side will be notified and can either try to settle or fight the case in court. During this time, both sides gather more evidence in a step called discovery.
Most cases end with a settlement, where both sides agree on a fair amount of compensation. If no agreement is reached, the case may go to trial, where a judge or jury decides who was at fault and how much money should be paid.
There are also deadlines called statutes of limitations. These vary by state, but usually range from one to three years after the injury. If you miss the deadline, you lose the chance to file.