A third-party injury claim arises when someone other than an employer plays a role or shares responsibility for an accident that injures an employee.
These claims can be vital for workers injured in accidents on the job because workers’ compensation benefits are limited. While an injured worker could receive payment for all the medical care they require, they will typically be able to recover up to only two-thirds of their average weekly pay. They also won’t be able to recover compensation for the pain, suffering, and mental anguish they’ve suffered.
If negligence on the part of a non-employer third party caused or contributed to the accident, however, the injured worker might have additional options for recovering compensation. Through a third-party injury claim or lawsuit, they could hold the at-fault party accountable and recover more than what workers’ comp would provide.