However, in addition to your workers’ compensation claim, you can make a negligence claim against anyone other than your employer who was at fault in causing your injury. This is called a third party claim. For example:
- if you were injured in a car accident, you can make a negligence claim against the driver and owner of the car that caused the accident
- if you were injured on a construction site, you may have a negligence claim against the general contractor or a sub-contractor for the project
- if you were injured by defective machinery, you may have a claim against the designer, manufacturer or seller of the machinery
- if you were injured due to an unsafe condition on someone’s property, you may have a claim against the property owner or maintenance company
Third party claims allow you to recover payment for pain and suffering and 100% of your lost earnings and benefits. Your spouse may also have a claim for the impact of your injury on the marriage. Since workers’ compensation does not pay for pain and suffering or 100% of lost wages or the claim of a spouse, it is extremely important to evaluate every work injury to determine if a third party claim exists.