Workers Compensation - Claims Against Third Parties

Many people who are injured on the job were injured at the hands of a person who was not their employer or a co-employee. In those cases, are you permitted to make a claim against them while still receiving workers compensation benefits. The answer is yes.

For example, let's say you drive a delivery truck for your company and a negligent driver hits the rear of your vehicle, causing you injury. You may receive medical attention, paid for by your workers compensation insurance, and even receive a PPD award. You can still maintain a separate claim against the at fault party.

You may not maintain a claim against a co-employee, which may include fellow subcontractors, or employees of fellow subcontractors working for the same contractor. You must have these issues looked at closely by an attorney.

Also you may be required to reimburse your workers compensation carrier in the event that you obtain a recovery against the at-fault party. However, you can negotiate those figures using various techniques well-known to experienced workers compensation attorneys. These types of repayments are called "subrogration claims" and you should consider hiring an attorney to handle such claims.