What is a third-party claim and why does it matter?
If you are badly injured at work, it is very important to determine if your injury is the result of a company that is not your employer. We call these companies third parties.
Many people who contact us after becoming injured at work are shocked to hear that they cannot sue their employer. Fault only matters in a worker’s compensation case if your accident happened as the result of another company’s negligence or by an employee of another company.
Some examples of a third-party claim are:
- If you are driving as part of your job at ABC Corp. and you are rear-ended by a truck from company XYZ Inc. you can sue XYZ Inc. AND collect workers compensation benefits from ABC Corp.
- If you are hurt on a construction site due to a general contractor’s failure to ensure that the job site was safe, you might be able to sue that general contractor.
- If you are hurt at work while using a new machine, you could sue the manufacturer of that machine.
Pursuing a third-party claim can be beneficial to you in the case of severe injuries. Typically, valid third-party claims result in higher awards than worker’s compensation claims.
Please call us for a free consultation if you have any questions.