A work injury lawyer fights for your workers comp benefits and looks for a second claim against outsiders who hurt you. Workers comp is the exclusive remedy against your employer, but a driver, contractor or machine maker can still be sued. Call now, and the review of both claims is free.
When to call a work injury lawyer
Call as soon as you can after you get hurt. Call sooner if your claim was denied, your checks stopped, or someone outside your company caused the injury.
Here are the steps that protect your claim:
- Call us for a free case review. A workers comp attorney in your state gets on it right away.
- Get medical care and tell the doctor you were hurt at work.
- Tell your employer in writing. Each state sets its own notice deadline, listed on our state pages.
- Keep pay stubs, medical bills, photos and the names of anyone who saw it happen.
A settlement offer is another reason to call before you sign. Once you sign, the deal is usually final.
When it's more than workers comp
New York courts call workers comp the exclusive remedy against your employer. Most states follow the same rule. You get benefits without proving anyone was at fault.
That trade only covers your employer and coworkers. It does not shield an outside driver, a parts maker or another company on the site.
So one injury can lead to two claims. Workers comp pays your medical care and wage checks. A second claim goes after the outsider who caused the harm.
Who else can be sued after a work injury
A workplace injury lawyer looks hard at who caused the accident. The common outside claims are these:
- A car or truck crash while you were on the job.
- A machine, tool or ladder that was built wrong or had no warning.
- A subcontractor or property owner who left the site unsafe.
These claims take proof. Photos, witness names and the broken part itself can matter, so do not throw anything away.
Your own employer can be sued too if it skipped coverage. In New York, an uninsured employer may be sued directly by the injured worker.
What a third-party claim can pay
Workers comp pays only part of your lost pay and nothing for pain. A claim against an outsider can cover pain, your full lost wages and future losses.
The comp insurer usually gets paid back part of what it spent out of that award. Your attorney works that payback into the numbers before any deal closes.
Private employers reported 2.5 million workplace injuries and illnesses in 2024. Only some involve an outside party, so have both claims checked early.
What to tell your attorney
Give the full story on the first call. Say how it happened, who was there, and what equipment or vehicle was involved.
Mention old injuries and earlier claims too. The insurer will find them anyway, and a surprise later hurts your case more than the truth now.
Bring up any outside company on the site. A name on a truck door or a label on a machine can point to the second claim.
What a work injury attorney costs
Nothing up front. The case review is free, and you pay no fee unless you win.
The attorney is paid only out of money recovered for you. State law caps that fee, and each state sets its own limit. Our page on what a workers comp lawyer costs covers fees in more detail.
Questions injured workers ask
Should I get a lawyer after a work injury?
Call for a free review first. For a denial, a settlement offer, stopped checks or an injury caused by an outsider, an attorney is worth having.
What is my work injury case worth?
The workers comp part follows your state's benefit rules. A third-party claim depends on the injury, the wages lost and the other side's insurance. A free review gives you a real starting point.
Can I sue my employer for a work injury?
Usually not, because workers comp is the exclusive remedy against your employer. An employer with no workers comp coverage is a common exception, and outside parties can still be sued.
Can I get workers comp and sue someone else too?
Often, yes. If an outsider caused the injury, you can keep your comp benefits and bring a claim against them. The comp insurer usually gets paid back part of what it spent.
How much does a work injury lawyer cost?
The review is free, and there is no fee unless you win. The attorney is paid out of money recovered, and state law caps the fee.
What should I not say to my injury lawyer?
Do not hold anything back. Tell them about earlier injuries and claims, because hidden facts come out later and hurt you.
Rates updated Aug 12, 2026