When you’re injured on the job, workers’ compensation is supposed to be there to provide benefits like medical treatment and wage replacement – but what if that’s not all you might be due?
If someone other than your employer is responsible for your injuries, you may have additional options for compensation through a third-party personal injury claim. This compensation could supplement your workers’ compensation benefits and help you move forward, especially when your injuries are serious.
How third-party claims work
To pursue a third-party personal injury claim for a workplace injury, you must identify any other party – aside from your employer – who may be responsible for your injuries through their negligent, reckless or deliberate actions.
This could be a contractor who was working at your job site, a property owner or a manufacturer of faulty equipment, among others. For example, here are three common situations that could lead to a third-party claim:
- Construction site accidents: A subcontractor provides and installs scaffolding for a surface repair job on a building but fails to secure the scaffold properly. A worker is injured in a fall when the scaffolding pulls away from the building and topples over.
- Defective equipment: A factory worker suffers a serious hand injury when a piece of equipment malfunctions. An investigation shows that the machine’s safety devices were improperly designed.
- Car accident: A delivery driver is in a wreck while making their run. The accident was caused by another driver who ran a red light, leaving the delivery driver unable to work for months.
Filing a third-party claim can be done independently of a workers’ compensation claim. Legal guidance can help you identify your options and make it easier to understand your rights.
