The title of this article is perhaps somewhat misleading. Do third party actions expand employees remedies? Such actions arise out of provisions of our state and federal workmen's compensation laws granting an employer or his insurer the right to sue any person or persons who cause the injury to his employee. Also, third party actions arise under statutes granting the injured employee the right to sue the tort-feasor without loss of recourse against the employer. Third party actions do constitute an expanding remedy for the employer and his insurer; it is generally conceded that without a statutory provision the right to sue would not exist. A review of the history of employees remedies, on the other hand, does disclose that third party actions constitute an expanding employee remedy.
Robert L. Millender, Expanding Employees' Remedies and Third Party Actions, 17 Clev.-Marshall L. Rev. 32 (1968)