Can I File a Third Party Claim if I Am Collecting Workers’ Compensation Benefits?

Workers’ compensation is a no-fault system that allows work injury victims to recover compensation for their damages without relying on liability. In most cases, employers are not held at fault for causing injury to their employees.

However, other parties could be liable for a worker’s injuries. In these cases, you can file a claim against the liable party. It is possible to recover additional benefits through a third party claim, even if you have also received workers’ compensation benefits.

Why You May Need to File a Third Party Claim for a Work Injury

Third party work injury claims allow employees to hold liable parties accountable and recover additional compensation if their workers’ compensation benefits are not sufficient.

A work injury can be caused by a party other than an employer, such as equipment manufacturers, drivers, and property owners. Through a third-party claim, you can recover additional compensation for injuries caused by the negligence of these parties, as well as hold them accountable.

Although the workers’ compensation system does not allow for employers to be held liable for damages, a claimant can sue their employer under some circumstances. In a typical workers’ compensation case, an employer may be partially responsible for unsafe working conditions or other issues. These typical infractions by employers generally do not qualify for liability. Workers can file a claim against their employer if they are guilty of significant negligence or misconduct.

By filing a third party work injury claim, you can also recover benefits that you could not receive through your workers’ compensation claim. The workers’ compensation system does not allow for the payment of non-economic damages such as pain and suffering, so a third-party claim can be a way to recover these additional damages.

Collecting Workers’ Compensation Benefits and Third Party Claim Benefits Simultaneously

It is possible to file a third party claim and a workers’ compensation claim for the same case. Your initial filing of a workers’ compensation claim will likely reduce the amount of compensation you are able to recover through a third-party claim, and vice versa. The way that benefits from each claim are provided to you will depend on the details of your case.

The legal team of Smolich and Smolich is available to answer any questions you have about workers’ compensation and work injury litigation. Contact us today to discuss the details of your case.