What is a Third-Party Claim in a Worker's Compensation Case?

Most of the time, employers are required to carry insurance for their employees, often referred to as Worker’s Compensation (or “work comp” for short). It is a no-fault insurance, which means that regardless if it was the employer’s fault or not, the insurance covers the injured employee. This makes it easier for the employee to receive treatment, but often it does not fully compensate for their damages.

In addition, when you make a work comp claim, you release the right to sue the employer for said damages. One exception to this is when the employer’s gross negligence caused the injuries. The only other way to receive additional compensation, is if there is a third party liable for the injures.

When is a Third Party Liable in a Workplace Injury?

A third-party claim is an additional party, not the employer, whose negligence resulted in injuring an employee. You can still file a work comp claim, but there may be additional avenues for recovery.

Examples of Third-Party Claims:

In all these examples above, an outside party’s negligence resulted in injuries while on the job. Though, unlike work comp insurance, the injured employee must prove the third party was liable for the accident.

Our Attorneys Can Answer Your Questions

A third-party claim in your work comp case may not be immediately obvious. If you have questions about third party claims in your work comp case, talk to one of our attorneys today.