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After Accidents

Can you file a third-party claim after a workplace injury?

On Behalf of | Jan 14, 2025 | Workers' Compensation

If you’ve been injured on the job, you’re probably aware that workers’ compensation is there to cover your immediate needs. Did you know, however, that you can hold party other than your employer responsible for your injuries?

For instance, if a defective machine or tool malfunctioned or injured you, you can pursue a claim against the at-fault party for damages. Similarly, you can file a claim against a subcontractor or vendor whose negligence on a shared worksite led to your injuries.

Why consider a third-party claim?

Workers’ compensation benefits are limited to medical expenses and a portion of your lost wages. This may not account for everything, such as pain and suffering and other non-economic damages as well as your full lost wages.

A third-party claim can help you recover these additional losses. This can help to ensure that you have the financial resources to handle the aftermath of your accident.

It’s not business as usual

Unlike workers’ compensation, where fault isn’t a defining factor, third-party claims require you to prove liability. This means showing that the third party’s negligence directly caused your injuries. Your level of responsibility also counts in such claims. You can only recover damages if you are less than 50% to blame for the accident.

It’s also worth noting that filing a third-party claim doesn’t stop you from receiving workers’ comp benefits. However, if you win your third-party case, your workers’ comp insurer may be entitled to reimbursement for the already-paid benefits.

Don’t wait to take action

Taking swift action is in your best interests if a third party is responsible for your workplace injury. It helps ensure that you preserve as much evidence as possible to strengthen your case while meeting the legal deadline for filing personal injury claims. Seeking legal guidance early on can provide clarity on how the claims process works and help you make informed decisions about your case.