A workplace accident of any kind can be detrimental, leaving workers injured to the point that they cannot return to work immediately and costly medical bills. There are several choices for recovering compensation for workers who suffer injuries on the job, namely workers’ compensation coverage. In addition, employers also need to understand who can make claims for third-party workers comp injuries such as car accidents or illnesses. Here’s a better look at third-party workers comp claims and how to navigate coverage for such issues.

Understanding Third-Party Claims

While laws bar an employee from filing a lawsuit directly against their employer following a work-related injury, an employee may be able to file a third-party claim for damages resulting from the injury. As the name of this kind of civil action suggests, the claim is filed against a third party who is not the direct employer.

Because third-party claims fall outside the realm of workers’ compensation insurance, employees can seek more damage types in a third-party claim, such as compensation for the full value of wages that were lost due to sitting out from an injury, and compensation for non-economic losses, like pain and suffering.

Establishing Grounds for a Third-Party Lawsuit

Standard workers’ compensation insurance is also known as no-fault insurance, meaning workers can file a claim to receive medical and limited wage benefits for a work-related injury without having to prove the employer did anything wrong. It’s easier for the injured worker, but won’t fully help the worker compensate for severe injuries. 

It might take a few extra steps for the worker to make a legitimate claim work for them, but they’ll end up showing that the third-party created a situation that led to their illness or injury directly.

An injured worker can file a third-party claim against any third party who acted with negligence, thereby contributing to or directly causing the worker’s injury. For instance, employees can file a third-party liability claim against the owner of a property with a hazardous condition, the owner of another company working on the same job site, the manufacturer or distributor of a dangerous product, or a third-party driver or operator of machinery.

The above list isn’t conclusive as to the parties that may be potentially liable for a workers’ injuries as they vary on a case-by-case basis. 

About InsureMyWorkComp & Their Workers Comp Solutions

InsureMyWorkComp is a digital brokerage that helps clients find the right workers’ compensation solution for their business needs, such as occupational accident insurance. Unlike other online platforms, we will help you to work with an agent who can provide you the right solution for your risk profile. Our staff has over 50 years of workers’ compensation underwriting and sales experience, and we are confident that we will provide you the support that you need. For more information or to get a quote, contact us today at (855) 340-9138.