Suffering an injury at work is incredibly difficult. There is the pain associated with the injury itself in addition to the stress and inconvenience of missing work and the advent of costly medical bills. Most Americans are aware that filing a workers’ compensation claim is an option to recuperate lost wages and money spent on medical bills. However, certain circumstances allow for an injured worker to file a personal injury claim, giving them the opportunity to recoup a greater amount in damages.

What is third-party liability?

If a third party—other than your employer—can is responsible for your injury, you may be able to file for personal injury damages with a third-party lawsuit. If, for example, a defective piece of equipment caused your injury, you could sue the manufacturer of that equipment. The benefit of a third-party liability claim over a workers’ compensation claim is that there is the potential to receive monetary damages for pain and suffering and possibly even punitive damages. Workers’ compensation simply replaces lost wages and pays medical bills.

More information about filing a third-party liability claim

A third-party liability claim is a civil lawsuit. In these cases, the injured party, also known as the plaintiff, is responsible for proving the injury was the result of negligence on the part of the third party.

If a judge rules in your favor and awards monetary damages, you must return any payment received from workers’ compensation before accessing the remainder of the funds.