Workers’ compensation laws in North and South Carolina generally prohibit you from suing your employer after a work-related injury. Furthermore, workers’ compensation only pays for your medical bills, a portion of your lost income, and some other benefits. These benefits might not cover all your losses from an accident. However, third party workers’ compensation claims let you seek additional compensation if someone other than your employer or a coworker caused your injuries. An experienced workers’ compensation lawyer can help you file a third party claim.
What Is Third Party Liability?
In a workers’ compensation case, third party liability means someone other than your employer or a coworker caused or contributed to your injuries. As the injured worker, you’re the “first party” in these cases. Your employer (and their insurer) is the “second party” since they’re the party that pays for your medical care and other workers’ comp benefits. Therefore, anyone else involved in the incident leading to your injuries is a “third party.”
For instance, suppose you sustained injuries at work because of defective equipment. The maker of the defective equipment might bear third-party liability for your injuries because their malfunctioning product caused your injuries.
One critical thing to know about third party claims is that you must provide evidence of their negligence or misconduct to recover compensation. This is a crucial distinction, as you don’t have to prove fault to claim workers’ compensation benefits.
Why Pursue a Third Party Claim?
The main reason to pursue a third party claim after suffering a work-related injury is that third party claims can compensate you for losses workers’ comp doesn’t cover. Your workers’ comp benefits may include full coverage of your medical expenses, partial wage-replacement benefits, and job retraining to help you find a new career.
By contrast, a third party claim lets you seek compensation for a broader range of losses you may have experienced, such as:
- The full amount of your lost wages
- Your reduced future earnings due to your injuries
- Your pain and suffering
- Your emotional distress
- The cost to repair or replace any personal property damaged in the incident
Together, the money you may recieve from your workers’ compensation and personal injury settlement can help you rebuild your life after a severe injury or illness.
Common Instances When You Can File a Third Party Claim
Some common situations where you might have cause for a third party claim include:
- Vehicle accidents at a job site or while you’re performing job-related functions (though not while running personal errands or during your commute)
- Accidents resulting from defective products or equipment improperly labeled by the manufacturer
- Slips and falls or similar incidents resulting from unaddressed hazards at a job site (if someone other than your employer owns the property)
- Workplace fires or explosions resulting from a third party’s careless actions
Contact Stewart Law Offices to Find Out if You Have a Third Party Claim
Stewart Law Offices can file a workers’ comp and third party claim if you sustained a severe injury or illness at work. We represent injured workers in both North and South Carolina, and we’ve recovered millions of dollars for them over the last several decades.* Call now or complete our contact form for a free consultation.
