Third-party claims
When someone besides your employer caused the injury
A driver who ran a light, a subcontractor who left a hole uncovered, a machine sold without a guard. Each can be sued, alongside your comp claim.
Workers' comp doesn't pay for pain and suffering, and it pays only part of lost wages. A claim against the third party can cover what comp leaves out.
The two claims affect each other, so one lawyer should run both. We preserve the evidence from the scene, the vehicle or the machine before it disappears.
Who the third party can be
Another driver
A crash while you drive a truck, a van or your own car for work.
Another contractor
On a shared jobsite, a crew that isn't your employer's.
A machine maker
A forklift, press or harvester that failed or came without a guard.
A property owner
A loading dock, a store or a site you were sent to, kept unsafe.
Two claims at once
Do I have to choose between comp and a lawsuit?
No. You can usually have both. Comp pays first; the third-party claim can pay what comp doesn't.
Will the comp insurer take part of the third-party money?
Often it can ask to be paid back for what it spent. How much is something we negotiate.
How is the fee charged on a third-party case?
As a percentage of what we recover, agreed in writing before we start. If there's no recovery, you owe no fee; the agreement says which case costs, if any, you'd still owe.
Keep what you have from the scene
Photos, the other driver's information, the make of the machine. Then call us.