In third-party work injury claims, you may be entitled to compensation beyond the benefits provided by your employer’s workers’ compensation insurance.

“Let me explain how this works,” says Workers Comp Lawyer Hector L. Sandoval from Sandoval Law Firm:

1. Workers’ Compensation Benefits: In most cases, when you suffer a work-related injury, you are eligible for workers’ compensation benefits regardless of who was at fault. These benefits typically cover medical expenses, a portion of lost wages, and rehabilitation costs. However, workers’ compensation benefits may have certain limitations, such as a cap on the amount of benefits you can receive.
2. Third-Party Liability: In some situations, a third party (someone other than your employer or co-worker) may be partially or entirely responsible for your work-related injury. This could include situations where you were injured by defective machinery or equipment, a negligent driver in a work-related vehicle accident, or a subcontractor working on the same job site. In such cases, you may be able to pursue a third-party liability claim against the responsible party.



3. Additional Compensation: By filing a third-party liability claim, you may seek additional compensation beyond what is provided by workers’ compensation. This can include damages such as pain and suffering, emotional distress, loss of consortium, and potentially even punitive damages, depending on the circumstances and applicable laws.
4. Separate Legal Process: Pursuing a third-party liability claim is typically a separate legal process from workers’ compensation. You would need to file a personal injury lawsuit against the responsible party, and the case would proceed through the civil court system. It is advisable to consult with an attorney experienced in personal injury law to guide you through this process.
5. Coordination of Benefits: It’s important to note that if you receive compensation through a third-party liability claim, your employer’s workers’ compensation insurance may have a right to be reimbursed for the benefits they provided. This is known as the right of subrogation. Your attorney can help navigate this aspect and ensure the coordination of benefits is properly addressed.

It’s crucial to consult with a qualified attorney who specializes in personal injury law to understand the specific details of your case and to determine the best course of action. They can assess the circumstances surrounding your work-related injury and advise you on whether pursuing a third-party liability claim is appropriate and how it may impact your overall compensation.