In a worker’s compensation claim, the injured worker is considered to be the “first party” and the employer is the “second party.”
Who’s to Blame?
In some cases, your work-related injury may be caused by someone other than your employer or by an event other than your regular work activity. In these special instances, the responsible party is considered to be the “third-party” and you may have a valid “third-party” civil claim against the wrongdoer, in addition to your worker’s compensation claim.
What If The Company Has No Insurance?
In some rare instances, your employer may not have proper workers’ compensation insurance, giving you the right to sue your employer in a civil action, outside of the worker’s comp system, also known as “second party” or “illegally uninsured employer” civil claims.
Civil Lawsuits vs. Worker’s Comp Claims
If your injury is caused by a “third party,” you are entitled to pursue a workers’ compensation claim while also filing a civil action against the responsible third party.
For example, if you are injured in a motor vehicle accident caused by someone who is unrelated to your employment, while making a work-related delivery, or if you fall from a scaffolding constructed defectively by a company unrelated to your employer, or if you are injured by a piece of equipment that is owned or maintained by an outside company, you may have a valid third party claim against the responsible party who is unrelated to your employer.
Also, in the event that your employer is uninsured for workers’ comp liability, you may file a regular civil lawsuit against your employer since there is no insurance company against whom to file a workers’ comp claim. Properly insured employers are generally protected from such civil lawsuits.
Compensation from third-party and second-party claims can greatly exceed those from a regular workers’ comp claim because the civil damages that you may pursue are usually greater than workers’ comp benefits.
Civil Claims Are Tricky
Third-party and second-party workers’ compensation cases are extremely complex, and in many cases, civil liability may not be readily obvious.
It takes a highly trained and experienced attorney, first, just to recognize, and then properly pursue such claims. In fact, failing to handle a third-party claim properly can jeopardize important workers’ comp benefits such as medical treatment and disability compensation.
