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What’s a Third-Party Claim in a Workers’ Comp Case?

You’ve been injured at work, and the damage is significant. Workers’ compensation is covering your medical bills and providing some replacement income, but it’s not enough to meet all your needs – especially in the future.

Since workers’ compensation is designed to be an exclusive remedy for injured workers, you can’t sue your employer. However, that doesn’t mean you can’t look beyond your employer for compensation if someone else was wholly or partially to blame for your injuries.

Who can you file a personal injury lawsuit against?

While you can’t bring a civil claim for your injuries against your employer, you can file a personal injury claim against someone else. Commonly, third-party claims involve:

  • Drivers: If you were injured by a distracted driver while working a road crew or when driving the company car, you may have a very strong case against that driver.
  • Contractors: Maybe the IT guy who comes into the building twice a week left cords all over the floor, and that led to your fall and a head injury. Their company could be held liable for their negligence.
  • Manufacturers: Were you injured because of the faulty design on a piece of equipment or a tool that broke in your hands? If the manufacturer made a mistake, you may be able to make them pay up.

The chief advantage of a third-party claim is that the money it provides can supplement what you receive through workers’ compensation. You can also claim fair compensation for your pain and suffering, which is something not factored into workers’ comp.

When your injuries are serious and likely to affect you for years, it’s important not to assume that you’ve exhausted every resource. If you think a third-party claim might be a possibility, find out more today.