Third-party claims
When someone other than your employer caused the injury
Workers' comp covers treatment and part of your wages, whoever was at fault. If another company or driver caused the injury, you may also be able to claim from them.
It comes up more than people think. A delivery driver hurt when another car ran a light. A farmworker hurt by a tractor with a guard missing from the factory. An electrician hurt by a subcontractor's scaffolding on a shared site.
A claim against that third party can cover what workers' comp doesn't, such as pain and the pay you'll lose in the years ahead. We keep both claims moving together, so one doesn't undo the other, and we work with an injury attorney when a case needs one.
Common cases
Crashes while driving for work
Defective tools, guards and machinery
Other contractors on a shared site
Unsafe property you were sent to work on
Chemical and equipment makers
Two claims at once
How we keep both claims straight
Keep the evidence
We ask for the crash report, photos and the machine itself to be kept, before they're repaired or thrown out.
Protect the comp claim
Your treatment and checks keep coming while the other claim moves, and we track what the comp insurer may ask back.
Settle in the right order
We time the third-party settlement so the money you keep is figured with the comp claim in view.
Third-party claims
Questions about a claim against someone else
Can I sue my employer?
Usually not: workers' comp takes the place of a lawsuit against your employer. A claim against someone else, like another driver or a machine's maker, is a different matter.
Does the comp insurer get paid back?
Often it can ask to be repaid part of what it paid from a third-party recovery. Every case is different, and we explain what that could mean for yours before anything is signed.
Is there a deadline?
Yes, and it can differ from the comp deadline. Call early so evidence is kept and no date passes.
Not sure who was at fault?
Tell us how it happened and we'll look
A short call is enough to know whether there's a second claim worth bringing.