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How third-party liability claims differ from workers’ compensation 

On Behalf of | Jun 30, 2021 | Workers' Compensation |

In most cases, Louisiana workers injured on the job are covered under workers’ compensation. However, in some unique cases, an injured worker may also be eligible for a third-party liability claim. Third-party claims become a factor when the worker’s injury was caused by the negligent actions or omissions of someone other than their employer or a co-worker.

Let’s take a closer look at the differences between workers’ compensation and a third-party liability claim. 

What types of compensation are available under workers’ compensation?

Correctly filing a valid workers’ compensation claim could result in the following benefits:

  • Medical coverage
  • Lost wages
  • Retraining
  • Disability payments

Workers’ compensation is very useful for compensating injured workers. However, with time away from work, mounting medical bills and lost wages can accumulate. Oftentimes, workers’ compensation isn’t enough to meet your needs after a serious injury.

What types of compensation are available in third-party claims?

Third-party claims can provide you with additional financial compensation for your losses that goes beyond the partial wage replacement offered by worker’s comp. They can also compensate you for your pain and suffering, which workers’ comp cannot.

When do you have a third-party claim?

These types of claims come about when someone other than your employer either caused or contributed to your injuries. Here are a few examples:

  • Accidents in a work vehicle: Third-party liability claims could arise from being involved in a motor vehicle accident with a drunk driver while you’re driving a company car.
  • Faulty products or equipment: Being injured by faulty machinery, tools, or equipment could qualify as a third-party liability claim.
  • Chemical exposure: This could include liabilities that arise from chemicals being mislabeled or improperly stored.
  • Sub-contractors: Being injured by a third-party subcontractor working on the same job site. 

Workers’ compensation claims aren’t always as straightforward as they seem. Experienced legal guidance can help you overcome problems with your workers’ comp claim and determine what other avenues for compensation are open to you.