Worker’s compensation protects a worker who is injured while on the job. Typical compensation includes payment of medical bills and includes a portion of wage benefits as well. Since worker’s compensation is considered no-fault insurance, it also protects the employer from litigation due to negligence. If a worker is injured and believes that a third party was negligent in some way or was responsible for the accident, however, they can file a third-party liability claim against the other party.

Understanding Third-Party Claims

An injured employee should consider a third-party work comp claim filing if, for example, they are riding in a company car and someone hits the car. In this case, a civil lawsuit can be filed.

Other examples of third-party claims include:

  • The driver for one of your suppliers is careless and hits your car when entering the parking lot.
  • Another business on the property uses a hazardous chemical that makes you ill.
  • A subcontractor is performing a job on your site and causes damage to property or equipment in the building.

The advantage of a third-party claim over worker’s compensation is that it can also cover pain and suffering.

Talk with your human resources representative as well as your insurance agent to see if you are eligible to file a third-party claim.

How a Third-Party Worker’s Comp Claim is Made
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