Third-party claim

Third-Party Claims and Workers Comp

Some work injuries involve someone besides the employer. Workers comp and third-party liability should be tracked on separate timelines.

Key takeaways

A non-employer may be responsible for a work injury even while workers’ compensation benefits are being paid.

Records to organize

  • Incident/crash report
  • Identity of non-employer parties
  • Photos/witnesses
  • Workers comp payment ledger and third-party insurance records

Questions to verify

  • Who may be legally responsible besides the employer?
  • What evidence should be preserved?
  • Does workers comp claim a lien or reimbursement right?
  • How should settlements be coordinated?

Official-source rule

Use the responsible state or federal workers’ compensation agency for current deadlines, forms, benefit rules, medical procedure, and hearing instructions.

Use this page with the claim documents

Start with the newest written notice, the current medical restriction, the payment history, and the job record connected to the issue. Write down what the document says, which fact is disputed, and which procedure or deadline must be verified. State and federal workers’ compensation programs can use different forms and review paths, so confirm the current rule with the responsible agency or a licensed attorney before acting.