A third-party claim arises when an injury is caused by the negligence or wrongful act of a person or entity other than the employer. Examples include:
Vehicle Accidents: An employee is injured in a car accident while driving for work due to another driver’s negligence.
Defective Products: An employee is injured by defective machinery or equipment provided by a manufacturer.
Premises Liability: An employee is injured on another company's property due to unsafe conditions.
Pursuing a third-party claim can provide additional compensation beyond workers' compensation, which typically covers only medical expenses and a portion of lost wages. A third-party claim allows an injured worker to seek compensation for pain and suffering, covering both physical pain and emotional distress. It can also include loss of consortium, compensating for the impact on family relationships, and recovery of full wage loss, including future earnings not fully compensated by workers' compensation. In some cases, punitive damages may be awarded to punish the third party for particularly egregious conduct.