Accidents at work can leave you with serious injuries. Workers’ compensation helps cover medical bills and lost wages, but it might not be your only option. If someone other than your employer caused your injury, you may have a third-party claim.
What is a third-party claim?
A third-party claim lets you seek compensation from someone other than your employer. This could be a contractor, property owner, or equipment manufacturer. Unlike workers’ compensation, which covers limited expenses, a third-party claim may allow you to recover full damages, including pain and suffering.
When can you file a third-party claim?
You can file a third-party claim if negligence from an outside party caused your injury. For example, if a defective machine injured you, the manufacturer may be responsible. If a reckless driver hit you while you were making a work delivery, that driver could be liable. These claims require proof that the third party acted carelessly and caused your harm.
How do third-party claims differ from workers’ compensation?
Workers’ compensation provides benefits without proving fault, but it limits the compensation you receive. A third-party claim requires proving negligence but can offer broader damages. This means you may receive compensation for pain and suffering, emotional distress, and full lost wages, which workers’ compensation does not cover.
Steps to take after an injury
After an injury, seek medical attention immediately. Report the incident to your employer and gather evidence, such as photos, witness statements, and accident reports. If a third party caused your injury, their insurance may cover your damages. Acting quickly helps protect your right to compensation.
Exploring your legal options
If a third party contributed to your injury, you may have a right to seek additional compensation. Understanding your options can help you recover damages beyond what workers’ compensation provides. Knowing your rights is the first step to ensuring you receive what you deserve.