Can You Sue Someone Other Than Your Employer for Causing Your Work Injury in Miami?

If you’ve experienced a work-related injury in Miami you may be eligible to pursue a lawsuit against someone other than your employer who caused your injury. Learn the criteria for qualifying for such a claim and explore your legal options. James D. Payer and our staff at Payer Law offer free consultations and can help determine if you have additional legal options.
Payer Law Personal Injury Lawyers Miami Florida: when you can pursue a third party claim while on workers comp in Miami
James Payer

Reviewed by: James D. Payer

Last Updated: September 11, 2025

Yes. If you were injured at work in Miami and someone other than your employer caused or contributed to the accident, you can file a third-party lawsuit against them — even while receiving workers’ compensation. These cases let you recover damages that workers’ compensation doesn’t cover, such as full lost wages, pain and suffering, and emotional distress. 

James D. Payer – Experienced Miami Work Injury Lawyer

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What Third Parties Could Be Liable for Your Miami Work Injury?

In Miami workplace accidents, third parties that could potenitally be liable for your work injuries could be: 

  • Subcontractors or independent contractors
  • Property owners or managers
  • Vendors or suppliers
  • Manufacturers and distributors
  • Maintenance or repair companies
  • Drivers of other vehicles
  • Security companies
  • Cleaning or janitorial contractors
  • Utility or service companies
  • Architects, engineers, or designers
  • Government agencies or public entities

A critical part of a third-party work injury lawsuit in Florida is establishing fault. To succeed, you must show that the third party owed you a duty of care, breached that duty through negligence, and that this breach directly caused your accident and resulting injuries.

Miami Work Accidents That Can Lead To Third-Party Claims

If there was any third party contributing to your workplace injuries or accident, you can pursue a personal injury lawsuit. Some third-party claims can come from the most common workplace accidents that happen in Miami, such as:

Filing Deadlines for Third Party Work Accident Claims in Miami

Who Can Sue

When They Can Sue

Consequence if Missed

Injured Worker

Within 1 year of injury

If not, carrier may move first

Work Comp Carrier

Day 366+, after 30-day notice

They take over the right to sue

Either Party

Up to 2 years (statute of limitations)

Claim barred after 2 years

Contact Payer Law for Help With Third Party Work Injury Claims in Miami

If a third party caused your workplace injury, our team will investigate, manage your Miami workers’ compensation claim and personal injury lawsuit together, and fight for full compensation. At Payer Law, James D. Payer and our team handle every detail — deadlines, documentation, and communication with insurance companies — with aggressive representation and personalized service.

We are deeply committed to holding negligent parties accountable and helping injured workers recover everything they deserve. Contact Payer Law today for a free consultation or call (305) 363-7099 with one of our Miami third-party work accident attorneys. It pays to call Payer.

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