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Third-party claims

When someone outside your job caused the injury

A workers' compensation claim covers wages and medical care. A claim against whoever caused the injury can cover what it leaves out.

If a delivery driver ran a light and hit your work truck, if a subcontractor left a hole uncovered, or if a machine came from the factory without its guard, that person or company may owe you separately. That claim can include pain, and the full wages comp doesn't pay.

We run both claims together, so they don't trip over each other, and so the comp insurer's share of any recovery is handled the right way.

Common third parties

  • Crashes caused by another driver

  • Unsafe sites run by another contractor

  • Machines and tools that were badly made

  • Property owners who ignored a hazard

A city street at night with yellow center lines under an arched overpass

Common questions

Two claims from one injury

Can I have a comp claim and a lawsuit at once?

Yes. You usually can't sue your own employer, but you can often bring a claim against someone else who caused the injury, while your comp benefits continue.

Does the comp insurer get some of it back?

Usually, yes, for what it already paid. How much, and what you keep, depends on the case. We explain it before anything is signed.

Who pays the lawyer?

No fee unless there's a recovery, and the share is set in writing before we start. Case costs are separate, and we tell you which ones up front.

Was someone else involved?

Tell us who else was there. We'll look at both claims in one conversation.

No fee unless you receive benefits: the fee is a share of what you're awarded, set out in writing before we start. Case costs, such as medical records and doctors' reports, are separate, and we tell you which ones you may owe before you sign.