How does a third-party claim work?

In some instances, you may file a third-party liability lawsuit after a work-related accident and collect workers’ compensation. A third-party claim can increase the compensation you receive after a work-related accident. But it’s not always obvious to an injured worker what actions may constitute a third-party claim.

Injured workers who received workers’ compensation benefits generally cannot sue their employer. But multiple subcontractors may be working at a job site. If you are an employee of a subcontractor at a work site and the general contractor’s lack of attention to safety contributed to a workplace accident, then you may file a lawsuit against the general contractor who is a “third party” in the accident. If an employee of another subcontractor is negligent and his negligence injures you, then you may seek compensation from the other subcontractor’s insurance company through a third party claim. If a piece of defective machinery or equipment contributed to your injury, you may bring a third-party claim against the manufacturer of the equipment in addition to receiving workers’ compensation from your employer.