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Third-party claims

Claims beyond workers' comp

Comp pays medical bills and part of your wages, whoever was at fault. It doesn't pay for pain and suffering. When someone other than your employer caused the injury, a second claim can.

Who else might be responsible

  • A driver who hit you while you were working
  • The maker of a machine or tool that failed
  • A contractor or property owner on a shared job site
  • A company that supplied a dangerous chemical without warning

Two claims, one plan

The comp claim and the injury claim run on different rules and different clocks. What you recover in one can affect the other, because the comp insurer may have a right to be repaid. We handle both, so one doesn't undo the other.

Keep the evidence

A failed machine, a damaged vehicle or a photo of the site can decide a third-party case. Tell us early, before it's repaired, replaced or thrown away.

Sample matters

Two second claims, settled

  • $85,000

    Settlement, courier rear-ended on her route

    Paid by the other driver's insurer, on top of her comp benefits, after the comp lien was negotiated down.

    2024

  • $47,000

    Settlement, saw guard failure, cabinet shop

    A product claim against the saw's maker, alongside the worker's comp claim.

    2023

Sample matters, for the firm to replace with its own. Every claim turns on its own facts, and past results don't guarantee a similar outcome.

Questions about third-party claims

Can I sue my employer?

Usually not: in most places comp replaces a lawsuit against your own employer. A claim against someone else is different, and that's what this page is about.

Do I have to pay comp back?

Often part of it, out of the third-party recovery. That repayment can usually be negotiated, and we do.

How are you paid on these cases?

Our fee is a percentage of the benefits or settlement we recover for you, set out in a written agreement before we start. If nothing is recovered, you owe no attorney fee. Case costs, such as medical records and doctors' reports, are separate, and the agreement says how they're paid, including when there's no recovery.

Tell us where your claim stands

The first meeting is free, at our office on Madison Avenue or by video.

Please don't send confidential details until we've spoken.