Most folks know that when you are hurt on the job you can’t sue your employer. Instead, you get worker’s compensation, which means the employer’s worker’s compensation insurance (“comp”) pays your medical bills and some of your lost income (the most they pay is about 2/3 of your lost income, but that’s only if you are 100% disabled).
You can’t sue your employer, or your co-workers employed by the same employer, but you can sue others who negligently caused, even partially, your on-the-job injuries. When you sue these non-employer others, that lawsuit is called a “third-party action”.
For example, say you are working on a Syracuse construction site for a plumbing subcontractor. One of the employees of an electrical subcontractor is working from a ladder and drops a power tool on your head. Your employer’s insurer pays your worker’s compensation benefits, but you can also sue the electrical subcontractor in a “third-party action”.
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