How are Third Party Claims Different From Workers' Comp Claims?

When you get injured while performing work-related duties, filing for workers’ compensation is a great way to get financial benefits to keep yourself afloat while you recuperate. However, your workers’ comp claim might not be the only claim you should be filing. Depending on the circumstances of your accident and injuries, you might be able to file a third party claim.

In simple terms, a third party claim following a work-related accident is a separate personal injury claim filed against a negligent party who is not your employer. If you want workers’ compensation benefits, then you cannot also file an injury claim against them for negligence. You would use a third party claim when, as the name implies, a third party causes your injuries.

For example, imagine being a pizza delivery driver and getting hit by a drunk driver on the way to a customer’s house. As you were performing a work-related duty at the time of the crash, you can file for workers’ compensation from your employer, or their insurance provider more specifically. As you were not the cause of the car accident, you can also file a third party claim against the intoxicated motorist.

Workers’ compensation benefits will help pay for a percentage of your missing wages and medical benefits, up to a limit. A third party claim can seek damages for everything not covered by workers’ compensation. You might be able to get compensation that pays for the percentage of your wages not covered by workers’ comp, the medical treatments not covered by workers’ comp, property damage, and noneconomic damages, such as pain and suffering. By utilizing both a workers’ comp claim and a third party claim, you stand to maximize your recovery, as you deserve.

Call Our Fort Lauderdale Injury Lawyers – 888.499.6206

Rosenberg & Rosenberg, P.A is a Fort Lauderdale injury law firm comprised of award-winning attorneys who can handle both workers’ compensation cases and personal injury claims. When you are hurt on-the-job by a negligent third party, we are the ideal legal solution for your resulting claims. Using our 160+ years of collective legal experience and teamwork approach to complex cases, we are confident we can secure a maximized case result on your behalf.

Find out more about our Hollywood and Fort Lauderdale personal injury lawyers and workers’ compensation attorneys by contacting us today and getting a free consultation.


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