Understanding Third-Party Claims And Workers’ Compensation

A third-party claim is a separate legal action against someone other than your employer or a coworker who may be responsible for your workplace injury. For example, if a defective piece of equipment caused your injury, you might file a claim against the manufacturer. Similarly, if a negligent driver injured you while you were performing work duties, you could pursue a claim against that driver.

Workers’ compensation benefits cover medical expenses, lost wages, and rehabilitation costs, regardless of fault. Third-party claims, on the other hand, allow you to seek additional compensation, such as for pain and suffering or long-term loss of earning capacity. These claims require proving that the third party was negligent or directly caused your injury.

Yes, you can pursue a third-party claim while receiving workers’ compensation benefits. However, there are rules about how the two types of compensation interact. If you win a third-party claim, your workers’ compensation insurer may have a lien on the settlement to recover some of the benefits they’ve paid.

Common situations include injuries caused by defective products, accidents involving subcontractors, or harm resulting from negligent property owners. If someone other than your employer or a coworker contributed to your injury, you may have grounds for a third-party claim.

Understanding third-party claims and workers’ compensation can help you maximize your recovery after a workplace injury. By knowing your options and how these claims work together, you can better protect your rights and financial stability during your recovery journey.