Most civil suits resulting from work-related injuries involve "third parties." If someone other than the worker, the employer, or a coworker is responsible for an injury, that "third party" can be sued. Thus, if a worker is injured because of the bad design of a machine which the employer purchased from an independent company, the worker can sue the manufacturer of that machine for civil damages.

Since these cases are in civil court, they are often very expensive and time consuming. Accordingly, they are usually only worthwhile if there is a serious injury and some third party is clearly at fault.

If an employer has paid workers' compensation benefits to a worker and the worker later obtains a recovery from a third party, the employer is entitled to be paid back for the workers' compensation benefits it paid to the worker. The employer, however, must pay for its share of the attorney fees and costs in the lawsuit against the third party.