If you are injured on the job by the fault of another person who is not a fellow employee, you may have an independent legal claim for your injuries against that at-fault person, in addition to your worker’s compensation. This is called a “Third-Party Claim.”
For example, if you are on the job driving a company vehicle, and are involved in an accident caused by the other driver’s fault, you can make a personal injury claim against the at-fault driver and his/her insurance company, in addition to whatever worker’s compensation benefits are paid to you. You must file an “election” with the employer’s workers compensation carrier to pursue that third-party claim yourself. There are time limitations that apply to when you must file that election. The worker’s compensation carrier has a right to be reimbursed its benefit payments out of the recovery in the third-party claim. However, settlements of “third-party” claims most often result in additional recovery for the injured person, above and beyond the amount of worker’s compensation benefits.
