What if Your Employer Isn't At Fault?

A workplace can be a very bustling, active environment. Conducting business as usual often means working with or alongside employees from other businesses. And when you work with someone you're not familiar with, whose movements you can't predict, the likelihood for a workplace accident increases.  

But if you're injured on the job by another company's employee, and if your own employer isn't at fault, who is responsible to reimburse you?  

The answer may be "both." Since you were injured at work, your employer is still required to pay workers' compensation. Since the other company injured you, they also have a responsibility to compensate you for your injury.  

This is called "third-party liability." Among other things, it means you're eligible to receive more compensation than you would otherwise.

Why Third-Party Claims Can Be Worth More  

In an ordinary workers' compensation claim, your claim is limited by state law. For example, you can only receive 70% of your weekly earnings through temporary disability benefits. And when the case resolves, your final settlement will largely be based on a statutory chart of disabilities.  On the other hand, a third-party claim is treated more like a typical personal injury lawsuit. The settlement is not subject to the same limitations, so it has the potential to be a much more valuable claim.

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