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.