Third-Party Claims Beyond Employer Coverage

While workers compensation provides benefits for job-related injuries, some situations allow employees to seek additional compensation through third-party claims.

When Third-Party Claims Apply

A third-party claim arises when someone other than the employer contributes to an employee’s injury. For example, a construction worker hurt by defective machinery may sue the manufacturer, or a delivery driver struck by another motorist may file against that driver’s insurance.

Benefits Over Standard Workers Compensation

Unlike workers compensation, which only covers medical expenses and a portion of lost wages, third-party claims allow recovery for pain and suffering, full lost income, and future earning potential. This can significantly increase the financial recovery available to injured workers.

Legal Complexities in Third-Party Claims

Pursuing these claims requires proving negligence, which is not necessary in traditional workers compensation cases. Employees must show that another party’s actions directly caused the injury. This often involves detailed investigations, expert witnesses, and coordination between different legal claims.

Why Dual Representation Matters

Workers may need separate legal representation for their workers compensation case and their third-party lawsuit. Attorneys ensure that filing one claim does not interfere with the other and that all benefits are maximized.