Mississippi Third Party Work Injury Lawyer
Lunsford, Baskin & Priebe PLLC represents injured workers across Mississippi and South Louisiana, including people hurt on the job by someone other than their own employer. Workers’ compensation is the center of the firm’s practice, and when a negligent driver, a subcontractor, or a equipment maker also caused the injury, the firm pursues that outside party alongside the comp claim. If you need a Mississippi third party work injury lawyer, that dual track is exactly the work we do.
Workers’ compensation is a no-fault system, and in exchange for that guarantee it pays only part of what a serious injury costs. It does not pay for pain, for the loss of enjoying your life, or for the full value of wages you will never earn. A third party claim is a regular negligence lawsuit against whoever else contributed to the harm, and it can reach categories of damages that comp never touches. The two claims run on different tracks, in different forums, under different rules, and the way you handle one can affect the other.
Think about how often work injuries involve more than one company. A delivery driver is rear-ended on Interstate 55. An ironworker is hit by material dropped from another contractor’s crane. A plant worker is burned by a machine that failed because of a design flaw. In each case the employer’s insurer owes comp benefits, and a separate defendant may owe far more.
Why Choose Lunsford, Baskin & Priebe for a Third Party Work Injury Claim
Lunsford, Baskin & Priebe PLLC is a workers’ compensation firm serving injured workers throughout Mississippi, from Jackson and Madison to the Gulf Coast, Hattiesburg, Southaven, and the Delta, as well as Louisiana. Most lawyers who take comp cases are personal injury lawyers who see a work injury only occasionally. That matters on a third party case, because the comp claim is the foundation, and a mistake there (a missed notice, a bad medical record, a careless settlement) can undercut the larger lawsuit.
The team is led by Rob Lunsford, Founding Partner, who has spent his entire legal career representing injured workers, with partners Brad Baskin and Jennifer Priebe, both recognized by Best Lawyers, Super Lawyers, and The National Trial Lawyers. 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 courtroom experience a third party lawsuit can demand. Keaton Belk and Erin Heimlicher round out the attorney team. The firm has been ranked by Best Law Firms for Workers’ Compensation Law, Claimants, in Jackson, and has recovered more than $100 million in settlements for clients.
Results in the file include $385,000 for a project manager with back injuries after being struck in his work vehicle, a direct example of a third party scenario, along with $685,000 for a surgical tech with a lower back injury, $600,000 for a construction worker with a complex back injury, and $221,000 for a land-based oil rig worker with severe burns. Consultations are free, the firm advances the costs of your case, and you pay no fee unless there is a recovery. Phones are answered 24 hours a day, and Spanish-speaking clients can work with the team in their own language from the first call.
Common Third Party Work Injury Situations in Mississippi
- Work Vehicle Collisions: Sales reps, project managers, technicians, and delivery drivers spend hours on roads like I-55, I-20, and U.S. 49. When another motorist causes the crash, you have a comp claim against your employer and a negligence claim against that driver and their insurer.
- Truck Driver Accidents: Drivers hurt in wrecks caused by other trucks, distracted motorists, or unsafe road conditions often have claims against more than one party, and the trucking company’s insurer is usually the one on the other side.
- Multi-Contractor Construction Sites: On large sites, workers from several companies share the same space. If a different contractor’s crew drops materials, leaves a hazard, or cuts a safety corner, that company is a third party, not your employer.
- Defective Tools and Machinery: A saw guard that fails, a lift that collapses, or a crane component that breaks can support a product liability claim against the manufacturer, distributor, or maintenance contractor.
- Oil Field and Industrial Plant Injuries: Rigs and plants involve operators, service companies, and equipment vendors. Burns and crush injuries here often point to a company other than the one that signs your paycheck.
- Unsafe Premises Owned by Someone Else: Workers sent to a customer’s building, a warehouse, or a job site controlled by a property owner can be hurt by hazards the owner failed to fix, which opens a premises liability claim.
- Wrongful Death on the Job: When a worker dies because of an outside party’s negligence, the family may receive death benefits through comp and also bring a wrongful death action against the responsible third party.
What to Do After a Work Injury Caused by Someone Else
Start with the comp side, because the clock there is short. In Mississippi you must report the injury to your employer within 30 days of the accident, and you generally have two years from the date of injury to file a petition to controvert with the Mississippi Workers’ Compensation Commission. Coverage begins on your first day on the job, with no waiting period. Report in writing if you can, and keep a copy. If you work in Louisiana, notice is also due within 30 days, but a formal claim generally must be filed within one year of the accident.
Next, protect the evidence against the outside party. Photograph the scene, the vehicle, the machine, and your injuries. Get names and numbers of witnesses, especially anyone who does not work for your employer. If a crash was involved, make sure a police report exists. If equipment failed, ask that it be preserved and do not let anyone repair or discard it before it has been examined. Keep every medical record and every bill.
Be careful about what you say and sign. The third party’s insurance adjuster will often call within days and ask for a recorded statement. Their job is to find reasons to reduce fault on their side or increase it on yours. You do not have to give that statement, and you should talk to a lawyer first. The same caution applies to releases and settlement offers: signing a release with the outside party, or settling your comp claim, without thinking through how each affects the other can cost you money you were entitled to.
On the legal side, the comp claim moves through the Commission, which is an administrative body, not a court. Cases are heard by an Administrative Judge, and a decision can be reviewed by the Full Commission on the existing record. A final Commission award can then be appealed to the Mississippi Supreme Court within 30 days, which often assigns it to the Court of Appeals. The third party lawsuit is different: it is filed in a Mississippi circuit court or, where the facts and parties support it, a federal court such as the U.S. District Court for the Southern District of Mississippi in Jackson. In a Jackson-area case, that means Hinds County Circuit Court or the federal courthouse downtown.
How the Comp Claim and the Third Party Lawsuit Work Together
Mississippi workers’ compensation pays medical treatment and wage replacement of up to two-thirds of your average weekly wage, subject to a statutory weekly maximum, for temporary or permanent total disability up to 450 weeks. Partial disability payments are also capped at 450 weeks. Those benefits are real and they start without proving anyone was at fault, which is why we pursue them first and aggressively.
The third party suit asks for something different. Because the defendant was not your employer, you can seek compensation for pain and suffering, the loss of the life you had, and the full measure of lost earning capacity. Mississippi follows pure comparative negligence, so if a jury finds you partly at fault your recovery is reduced by your share rather than eliminated. For most injury claims that do not have a specific shorter period, the general limit is three years from when the claim accrued, but claims against a county or government agency carry a one-year limit and a notice requirement under the Mississippi Tort Claims Act. Because the comp deadline is shorter than the lawsuit deadline, workers sometimes assume they have plenty of time on everything. They do not, and a missed notice can hurt the whole case.
The coordination problem is the heart of this work. The comp carrier that paid your medical bills and wage benefits generally has a right to be repaid from what you recover from the outside party, so the way the third party case is structured and settled changes what you actually keep. Our attorneys handle both claims under one roof, so the comp case and the injury case are built to support each other instead of working against each other. We also watch for the moments where a quick comp settlement would give up leverage you need against the third party.
Questions About Mississippi Third Party Work Injury Claims
What is a third party work injury claim?
It is a negligence or product liability claim against someone other than your employer who helped cause your on-the-job injury. It exists alongside your workers’ compensation claim, not in place of it.
Can I get workers’ comp and sue someone else for the same injury?
Yes. Comp pays benefits regardless of fault, and a third party lawsuit seeks damages from the party who was negligent. The comp insurer will usually seek reimbursement from your third party recovery, which is why the two cases must be coordinated.
Can I sue my own employer instead of filing for comp?
In most cases, no. Workers’ compensation is the exclusive remedy against a covered employer, which is why the outside party is the target of the lawsuit.
How long do I have to report a work injury in Mississippi?
You must report to your employer within 30 days of the accident. Report as soon as possible and put it in writing.
What is the deadline to file for comp in Mississippi?
You generally have two years from the date of injury or the date of the last compensation payment to file a petition to controvert with the Mississippi Workers’ Compensation Commission. Exceptions can apply, so do not rely on the outer limit.
What is the deadline for the third party lawsuit?
For most negligence claims the general period is three years, but shorter periods apply to some claims, including a one-year limit with a notice requirement for claims against a county or governmental agency. Ask a lawyer to identify the right deadline for your facts as soon as you can.
What if I was partly at fault for the accident?
Comp does not turn on fault. In the third party case, Mississippi uses pure comparative negligence, so your recovery is reduced by your percentage of fault but not barred.
The other driver’s insurer wants a recorded statement. Do I have to give one?
No. You have no obligation to give the outside party’s insurer a statement, and doing so before you understand your injuries or speak with a lawyer often hurts you.
What if I was hurt while driving for work in Louisiana but I live in Mississippi?
The comp claim and the third party claim may be governed by different states’ rules, and Louisiana has its own deadlines, including a two-year period for most injury lawsuits arising from accidents on or after July 1, 2024. Talk to us promptly so the right law is applied to each piece.
Will my comp insurer take part of my third party settlement?
Typically the carrier has a reimbursement interest in what it paid out. Negotiating that interest, and timing settlements so you do not lose benefits, is a major part of the work.
Can a settlement with the third party end my comp benefits?
It can if it is handled carelessly. Do not sign any release or accept any payment from the outside party until a lawyer has reviewed how it affects your ongoing comp rights.
Do I need a lawyer if the comp insurer is paying everything right now?
If someone else caused your injury, yes, you should still talk to one. The comp payments do not preserve the lawsuit, and evidence and deadlines on the third party claim keep moving while benefits are being paid.
Serving Third Party Injury Clients Throughout Mississippi
Lunsford, Baskin & Priebe PLLC represents injured workers and accident victims across Mississippi, beginning with Jackson and the surrounding Hinds County communities such as Clinton, Byram, Terry, and Raymond, and extending into Madison and the Rankin County suburbs. We handle cases from the Gulf Coast and the Hattiesburg area to Southaven and the north Mississippi corridor, and across the Delta, where agricultural, trucking, and river-related work generate injuries every season. Whether the third party lawsuit belongs in a state circuit court or the federal Southern or Northern District of Mississippi, the firm works statewide. We also serve workers across Louisiana, including Baton Rouge, Lafayette, Lake Charles, Shreveport, New Orleans, and South Louisiana, which matters when your job or the crash crosses the state line.
Talk to a Mississippi Third Party Injury Attorney Today
If someone other than your employer caused your injury, a Mississippi third party injury attorney can sort out which claims you have, which deadlines are running, and how to protect both your comp benefits and your lawsuit. Call us to schedule a free consultation. The firm advances the costs, and you pay no fee unless we recover benefits or a settlement for you. Our phones are answered 24 hours a day, and we help injured workers. That is all we do.
