Although workers’ compensation is a no-fault system, in a third-party liability claim, you must prove that the third parties’ action directly led to your accident. One thing to note if you pursue a third-party litigation claim is your employer maintains a right to subjugation. In other words, if you are successful in your third-party claim, your employer has the right to demand that you pay back any money that has already been paid out of workers’ compensation for your injuries.