If you have experienced a job-related injury, your employer’s worker’s compensation insurance policy may provide payment for medical expenses and a portion of lost wages as well as other benefits. In Wisconsin, most employers must carry WC insurance.
Workers’ comp is a no-fault system. This means you do not have to prove that your employer, coworker or other person caused your injury to receive benefits. It also means that, in most cases, you cannot sue your employer after an injury.
However, if a third party’s negligence was to blame, you may be able to bring a personal injury claim against the at-fault party in addition to filing for workers’ comp.
How do you know if you have a third-party claim?
You may be able to file a third-party claim if an individual or entity other than your employer or another employee at your company caused your injury. Common examples of third parties that may be liable in a work-related incident include:
- Property owners who fail to maintain safe premises
- Manufacturers who provide faulty tools or equipment
- General contractors who neglect Jobsite safety
- Subcontractors who disregard safety procedures
- Other motorists who injure a worker driving for job-related purposes
Why pursue a third-party claim?
If your injury is severe, you may be facing months or years of recovery, and you may have to live with a permanent disability that derails your career and impacts your relationships with family and friends.
Workers’ compensation provides repayment for tangible losses, like income and medical costs. However, WC does not offer compensation for the intangible cost of your pain and suffering. By filing a third-party claim, you may be able to recover the additional compensation you need to try to make your life whole again.