What is a Third-Party Claim for a Workplace Accident?

Customers in coffee shop

Not everyone who enters your workplace is a coworker or another employee of your company. On any given day, you might also see customers, patients, guests, vendors, industry regulators, delivery drivers, and many more. All of these people who enter your workplace could feasibly make a mistake and cause an accident that results in your injury.

How can you pursue fair compensation for an injury caused by a third-party? Filing a third-party claim and a workers’ compensation claim might be the answer.

Third-Party Claims for Damages

A third-party claim after a workplace injury is a personal injury claim filed against the party that caused your accident as long as they are not your employer or a coworker. Since they do not belong to your company or organization, you cannot demand workers’ compensation benefits from them. You will instead have to pursue damages as you would any other injury claim that gets filed in a civil court of law.

Damages available through a third-party claim could include:

  • Cost of medical treatment
  • Lost wages
  • Pain and suffering

Although, the damages you can seek in a third-party claim will typically be reduced by whatever other damages you get through workers’ compensation. For example, if your workers’ compensation claim covers 100% of your medical costs, then you would likely get no additional damages for medical treatments through your third-party claim.

It is also common for workers’ compensation benefits to include approximately 66% of your regular weekly wages if you miss more than a week of work and factoring in your disability rating. In such a case, your third-party claim could demand the missing 34% of your regular wages from the party that caused your accident.

You Can Still Get Workers’ Comp Benefits?

Yes, a third-party claim does not invalidate your right to file for workers’ compensation benefits through your employer. You can do both if it makes sense to pursue benefits from that third-party and their insurance provider.

Typically, you cannot sue your employer for additional damages if you also file for workers’ compensation through their policy. But since the third-party that hurt you is not associated with your employer, there is no conflict of legalities or interests. To be fully compensated after a third-party workplace accident caused by a customer, vendor, etc., you should speak with an attorney about pursuing both types of compensation.

Legal Representation Available in Santa Clarita

The Law Offices of Wax & Wax handles workers’ compensation claims of all sorts for injured workers in Santa Clarita, Glendale, and everywhere in between. If you were hurt by a third-party that was visiting your workplace, let us know. We can evaluate the details of your workplace accident to determine if you can file for workers’ compensation and if a third-party claim would also make sense.

Dial (818) 946-0608 to arrange a free consultation today.