When you're injured while working at a property your employer doesn't own or control, you may have a premises liability claim against the property owner in addition to your workers' compensation benefits. These third-party claims can provide significantly more compensation than workers' comp alone, including damages for pain and suffering that workers' comp doesn't cover.
How Third-Party Premises Claims Work
Workers' compensation provides benefits regardless of fault, but it limits what you can recover—typically just medical expenses and partial wage replacement. A premises liability claim against a property owner can recover full damages including complete lost wages, pain and suffering, emotional distress, and loss of enjoyment of life.
These claims arise when a property owner's negligence contributes to a worker's injury. The property owner isn't your employer, so the exclusive remedy doctrine that normally bars lawsuits against employers doesn't apply.
When Property Owners Are Liable
Property owners owe duties to workers on their premises, though the specific duties depend on your state's law and the circumstances. Generally, property owners must: maintain premises in reasonably safe condition, warn of known hazards not obvious to visitors, conduct regular inspections to discover dangerous conditions, and not create hazards through their own conduct.
Property owners can be liable when they fail to address known dangers, such as slippery floors, uneven surfaces, inadequate lighting, falling objects, exposed electrical hazards, or toxic substances.
Common Scenarios for Worker Premises Claims
Construction site injuries: Workers injured at construction sites may have claims against property owners who retained control over site safety or failed to address known hazards.
Delivery and service workers: Employees making deliveries or performing services at customer locations can sue property owners who maintain dangerous conditions.
Temporary or contract workers: Workers assigned to job sites owned by third parties may have claims when the property owner's negligence causes injuries.
Multi-employer worksites: When multiple companies work at the same location, workers may have claims against property owners and other employers whose negligence contributes to injuries.
Proving Property Owner Negligence
To recover against a property owner, you must prove they were negligent—that they knew or should have known about the dangerous condition and failed to address it. Evidence that strengthens your claim includes: prior complaints about the hazard, inspection records showing the owner knew about the condition, violation of building codes or safety regulations, testimony from other workers who noticed the danger, and maintenance records showing neglected repairs.
Property Owner Defenses
Property owners typically argue they had no notice of the hazard, that your employer was responsible for workplace safety, that you were comparatively negligent, or that OSHA regulations placed safety duties on your employer rather than the property owner.
Your employer's safety responsibilities don't necessarily eliminate the property owner's liability—both can share fault for your injuries, and you can recover from the property owner for their share of responsibility.
Interaction with Workers' Compensation
You can receive workers' comp benefits and pursue a premises liability claim simultaneously. However, your workers' comp insurer typically has a lien against any third-party recovery—they're entitled to reimbursement for benefits they paid. Your attorney can often negotiate a reduction of this lien, maximizing what you keep.
The advantage of third-party claims is the potential for damages workers' comp doesn't provide. Even after the workers' comp lien, you may recover substantially more through a successful premises liability claim.
Retained Control Doctrine
In many states, property owners who retain control over a work area owe heightened duties to workers. If the property owner controlled how work was performed or maintained authority over safety conditions, they may be liable even if your employer was also negligent. Evidence of retained control includes the property owner providing safety equipment, directing how work is done, or keeping areas off-limits to the employer's control.
Building Code and Safety Violations
Property owners who violate building codes or safety regulations may face heightened liability. Evidence that the property failed to meet code requirements for railings, lighting, flooring, or other safety features strengthens your claim. Some courts treat code violations as negligence per se—automatic evidence of negligence.
Time Limits
Premises liability claims have strict deadlines—typically two to three years from the injury date, though this varies by state. Your workers' comp claim has separate deadlines. Acting quickly preserves evidence and ensures you don't lose your right to compensation.
Getting Legal Help
If you were injured while working on property not owned by your employer, consult a personal injury attorney experienced in premises liability claims. They can evaluate whether the property owner's negligence contributed to your injury and help you pursue compensation beyond what workers' comp provides. Most personal injury attorneys work on contingency—you pay nothing unless they recover for you.