A basic workers’ compensation claim is between two parties, the injured employee and the employer. There are times when another, 3rd party, causes the injury sustained in the course of employment. This sometimes gives rise to a 3rd party personal injury claim in addition to the workers’ compensation claim.
A common example of a 3rd party claim involves someone who drives as part of their employment. If the employee is driving during and in the course of employment and is involved in an accident caused by the negligence of another, a 3rd party claim may be available. In the normal course of events, the employee will file a workers’ compensation claim. Thereafter, a 3rd party claim will be evaluated and proceeded upon. It is important to note that the injured employee cannot receive a double benefit. Any recovery in the 3rd party claim will first go to reimburse the workers’ compensation carrier for benefits paid. If the personal injury award exceeds the benefits paid, the employee will keep the balance less legal fees and costs.
Attorney Boufford’ s more than 20 years of experience will help you identify and evaluate 3rd party claims.
