Jackson Third Party Work Injury Lawyer
A work injury does not always have just one place to turn for compensation. When someone other than your employer helped cause the harm, such as a driver who hit your work truck, a general contractor whose site was unsafe, or the maker of a defective machine, the law may allow a second claim running alongside your workers’ compensation benefits. Lunsford, Baskin & Priebe PLLC handles workers’ compensation and related injury claims for people hurt on the job in Jackson, Hinds County, and communities across Mississippi and South Louisiana, and a Jackson third party work injury lawyer from our team can look at both claims together rather than treating them as separate problems.
The two claims work very differently. Workers’ compensation is a no-fault system run through the Mississippi Workers’ Compensation Commission, and it pays medical care and a portion of lost wages regardless of who caused the accident. A claim against a third party is a civil injury case in the courts, where fault matters and where damages can reach beyond medical bills and wages. The decisions you make in one claim, from what you say in a recorded statement to whether you settle, can change what is available in the other.
Why Choose Lunsford, Baskin & Priebe for a Third Party Work Injury Claim
Lunsford, Baskin & Priebe PLLC is a workers’ compensation firm first. Rob Lunsford, our founding partner, has spent his entire legal career representing injured workers. That matters in a third party case because the comp claim is the foundation; someone who handles work injuries only occasionally can easily miss how a settlement against a negligent driver or contractor interacts with benefits the worker is still receiving.
Brad Baskin and Jennifer Priebe, both partners, have been recognized by Best Lawyers, Super Lawyers, and The National Trial Lawyers, and the firm was ranked by Best Law Firms for Workers’ Compensation Law, Claimants, in Jackson. Andrew Rueff has successfully tried dozens of jury and bench trials to verdict and has argued personal injury and insurance cases before state appellate courts, which is the kind of courtroom experience a third party lawsuit can call for. Keaton Belk and Erin Heimlicher round out the attorney team. We have recovered more than $100 million in settlements for clients, including $385,000 for a project manager with back injuries after he was struck in his work vehicle, $685,000 for a surgical tech with a lower back injury, and $600,000 for a construction worker with a complex back injury. Clients consistently describe a team that listened, communicated clearly, and pushed back against the insurance company. Consultations are free, we advance the costs of the case, and you pay no fee unless we recover for you. Our phones are answered 24 hours a day, and we speak Spanish (hablamos español).
Who Can Be Liable Besides Your Employer
- Negligent Drivers: Delivery drivers, sales reps, project managers, and truck drivers spend much of the workday on roads like I-55, I-20, and Highway 80 around Jackson. When another motorist causes a crash while you are on the clock, you may have both a comp claim and a claim against that driver and their insurer.
- Contractors and Subcontractors on Shared Sites: Construction and industrial sites often have several companies working at once. If a company that is not your employer creates a hazard, such as an unguarded opening, unsafe scaffolding, or careless crane operation, it may be a liable third party.
- Property Owners: A worker injured while making a delivery, performing a repair, or servicing equipment on someone else’s premises may have a premises liability claim against the owner or manager of that property.
- Equipment and Product Manufacturers: A defective saw, lift, ladder, machine guard, or protective device can injure a worker no matter how careful the employer was. The manufacturer or distributor may answer for that defect.
- Staffing Agencies and Outside Service Companies: Temporary workers and people employed through contractors sometimes have more than one company involved in directing their work, which can open claims against a company that is not the formal employer.
- Government Entities: Road hazards, unsafe public buildings, or a government vehicle crash can give rise to a claim, but claims against a county or governmental agency carry a one-year limit and notice requirements under the Mississippi Tort Claims Act.
- Wrongful Death Claims: When a work injury is fatal, family members may have workers’ compensation death benefits and, depending on who was at fault, a separate wrongful death action against a third party.
What to Do After a Work Injury Someone Else Caused
Report the injury to your employer right away, and in writing if you can. In Mississippi, notice to the employer is due within 30 days of the accident under the workers’ compensation statute, and the same 30-day window applies in Louisiana. Missing it can jeopardize the comp claim before anyone has looked at the third party question. Get medical care promptly and tell every provider that the injury happened at work and how it happened, because those records become the backbone of both claims.
Then protect the evidence tied to the outsider. If another vehicle was involved, get the police or highway patrol report number, the other driver’s insurance information, and photographs of the vehicles and the scene. If a contractor’s unsafe condition or a defective tool caused the injury, photograph it, write down who was present, and ask that the equipment be preserved. Do not give a recorded statement to any insurance company, including the other party’s, before speaking with a lawyer. Adjusters are collecting statements to assign fault, and an offhand comment can be used against you.
Understand the two clocks. For the comp claim, the injured worker in Mississippi generally has two years from the date of injury or the last compensation payment to file a petition to controvert with the Mississippi Workers’ Compensation Commission, which administers the system and holds its hearings and Full Commission reviews in Jackson. The third party lawsuit runs on a separate civil deadline. Mississippi’s general limitations period for negligence is three years from when the claim accrues, with a discovery rule for latent injuries, and shorter periods apply to certain defendants such as governmental entities. If the accident happened in Louisiana, a different set of deadlines applies, including a two-year period for injuries on or after July 1, 2024. A third party suit in Hinds County would be filed in the circuit court there, or in the federal court that sits in Jackson if the case belongs in federal court. Do not assume the comp filing protects the lawsuit; it does not.
Finally, do not settle either claim without understanding the effect on the other. Comp carriers commonly have a right to be reimbursed from a third party recovery, and a poorly structured settlement can leave benefits reduced or closed. Resolving that interaction is a large part of why third party cases benefit from a lawyer who handles comp every day.
How the Comp Claim and the Injury Lawsuit Fit Together
The advantage of a third party claim is what the comp system does not pay. Workers’ compensation covers medical treatment and replaces roughly two-thirds of your average weekly wage, up to a statutory weekly maximum and for a limited number of weeks; for total disability, that period is capped at 450 weeks. It does not pay for pain and suffering. A claim against a negligent outsider can, because it is a tort action measured by the full harm you suffered, including pain, loss of enjoyment of life, and future losses beyond what comp covers.
Fault works differently in each. Comp does not ask who was to blame. The third party case does, and Mississippi applies pure comparative negligence, so if you are found partly at fault your recovery is reduced by your share rather than eliminated. If your injury happened in Louisiana, recent changes bar recovery for a claimant found 51 percent or more at fault for causes of action arising on or after January 1, 2026, making fault arguments much more consequential.
Timing is also strategic. Comp benefits often begin first, and the insurer may start building a record that blames a pre-existing condition or questions the accident. We handle both claims so the medical evidence, work history, and witness accounts we develop support each of them and so that statements made in one do not undercut the other. If a comp denial needs to be challenged, the case goes before the Commission and, from there, can be appealed to the Mississippi Supreme Court, which may assign it to the Mississippi Court of Appeals; the review is based on the record made before the Commission, not a fresh trial.
Questions About Third Party Work Injury Claims in Jackson
What is a third party work injury claim?
It is a civil claim against someone other than your employer whose negligence or defective product helped cause your on-the-job injury. It exists alongside your workers’ compensation claim, which does not depend on fault.
Can I get workers’ comp and sue someone else for the same injury?
Yes, when a party other than your employer is responsible. You can pursue comp benefits and a lawsuit against the outside party, though the comp insurer may have a right to be repaid from the recovery, so the two need to be coordinated.
Can I sue my employer instead of using workers’ comp?
Generally no. Workers’ compensation is the exclusive remedy against a covered employer in most situations, which is why identifying a separate responsible party is so important.
How long do I have to report the injury?
You should report it to your employer within 30 days of the accident in both Mississippi and Louisiana. Sooner is better, and written notice leaves a clear record.
What deadline applies to the lawsuit against the third party?
In Mississippi, a negligence claim with no other specific period generally must be filed within three years of when it accrued, with a discovery rule for latent injuries. Claims against a county or governmental agency have a one-year limit and notice requirements. Because the deadline depends on who the defendant is, confirm it early.
Does the comp insurance company get paid back from my settlement?
Often it asserts a right to reimbursement for benefits it paid. How much, and how it affects future benefits, depends on how the settlement is structured, which is why you should not sign anything before speaking with a lawyer.
What if I was partly at fault for the accident?
Your comp claim is unaffected. In a Mississippi lawsuit, pure comparative negligence reduces your recovery by your percentage of fault rather than barring it. In Louisiana, for causes of action arising on or after January 1, 2026, fault of 51 percent or more bars recovery entirely.
What if a coworker caused my injury?
Claims against co-employees are generally limited because of workers’ compensation protections, though exceptions can exist. The better question is usually whether another company, driver, or manufacturer was involved.
What if the injury happened in Louisiana but I live in Jackson?
The location of the accident and the employment relationship drive which state’s rules apply. Louisiana has its own reporting, filing, and tort deadlines, and our team handles claims in both states, so bring the details to a consultation and we can sort out where each claim belongs.
Will my own health insurance pay while the case is pending?
Your health plan may cover treatment, but it may also assert a right to be repaid, and it can deny coverage for work injuries that comp should pay. Tell us about every payer so we can sequence bills and protect you from surprise reimbursement demands.
Is it worth hiring a lawyer if the other party’s insurer is already offering money?
An early offer is often made before the full extent of your injury is known. Accepting it can end the third party claim and affect your comp rights. A free consultation costs nothing, and we are paid only if we recover for you.
What if a family member was killed in a work accident?
Dependents may be entitled to comp death benefits, and if a third party was at fault, a wrongful death action may also be available. Mississippi’s general period for negligence-based wrongful death is three years, and shorter periods apply in some situations, so speak with a lawyer promptly.
Serving Third Party Work Injury Clients Across Jackson and Hinds County
We represent injured workers throughout Jackson, which sits in the First Judicial District of Hinds County, and in the surrounding communities of Clinton, Byram, Terry, Raymond, Bolton, Edwards, Utica, and Pocahontas. From the downtown corridor and Fondren to Belhaven, Eastover, and the neighborhoods along I-55 and I-20, we help workers hurt on construction sites, in plants, on delivery routes, and in work vehicles struck by negligent drivers.
Our reach extends into neighboring Madison County, including Madison and Ridgeland, and Rankin County, including Brandon, Pearl, and Flowood, as well as Vicksburg, Hattiesburg, Southaven and the DeSoto County area, the Delta, and the Gulf Coast. We also represent workers across South Louisiana, including New Orleans, Baton Rouge, Lafayette, and Lake Charles, and in north Louisiana, including Shreveport. Wherever the accident happened, we can look at whether a driver, contractor, property owner, or manufacturer shares responsibility.
Talk With a Jackson Third Party Work Injury Attorney
If someone other than your employer helped cause your injury, the claims available to you may be larger than comp alone, and the deadlines for each are already running. A Jackson third party work injury attorney at Lunsford, Baskin & Priebe can review what happened, identify every responsible party, and make sure your comp benefits and any injury claim work together. Consultations are free, the firm advances case costs, and you owe no fee unless we recover for you. Call us any hour, and tell us what happened.
