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Third-party claims

When someone other than your employer caused it

Workers' compensation covers you whoever was at fault, but it doesn't cover everything. If a driver, a contractor or a machine maker caused the injury, a separate claim against them may be possible.

A delivery driver hit by a careless motorist. A subcontractor's crew leaving a hole in the floor. A press whose guard failed. In each, the people who caused the harm may owe more than the comp system pays, including pain and suffering, which comp does not cover.

These claims have their own deadlines and rules, and the comp insurer may be owed back part of what it paid. We handle both claims together so that one doesn't hurt the other.

Common examples

  • A crash in a company vehicle

  • Defective tools or machines

  • A subcontractor on the same site

  • Unsafe premises owned by someone else

A white semi-truck turns through an intersection beside a crosswalk.

Two claims, one plan

  • The comp claim

    Medical care and wage checks keep moving while the other claim is built.

  • The injury claim

    Against the driver, the contractor or the maker, for losses comp doesn't cover.

  • Making them work together

    We keep the deadlines, the reimbursement claim and any settlement in step.

Questions about a second claim

Can I sue my employer?

In most states workers' compensation is the only claim against your own employer. That is why other parties matter. The exceptions are narrow, so ask us.

How do you get paid on an injury claim?

As a percentage of what we recover, and only if we recover something. Costs such as records, experts and filing fees are set out in your agreement, and you may owe them even if the claim is lost. Past results don't predict yours.

How soon should I call?

Soon. Evidence disappears, and a claim against someone else often has a shorter deadline than people expect.

Was someone else involved?

Tell us who was there and what they did, and we will tell you if a second claim is worth a look.