Third Party Claims
If a worker’s injuries are due to the negligence of a third party, then, in addition to the workers’ compensation claim, that worker has a claim for damages against the third party. An example of a third-party claim would be a delivery driver getting rear-ended and suffering injuries. In addition to filing a claim for workers’ compensation benefits, the driver would also have a claim against the individual who hit his car. Through third-party claims, an injured worker may recover damages for “pain and suffering”, and other damages, such as future wage loss and future medical bills, which may not be addressed, or may be inadequately addressed, within the benefits available under the workers’ compensation claim. Third-party claims often arise out of motor vehicle accidents; but may arise out of any circumstance where a non-employer’s negligent act or omission causes the worker’s injury, such as dangerous conditions on property that lead to injury.
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