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All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.

What if other parties besides my employer were responsible for my injuries?

Because the workers’ compensation system is an exclusive remedy only with respect to employers, an employee can seek personal injury damages which are typically much greater against third parties.

Because the compensation offered by the workers’ compensation system is often relatively modest, it is important to consider third party claims. A third party claim allows an employee to pursue a personal injury lawsuit against other parties that may have contributed to an employee’s injuries.

Other parties that contribute to an employee’s injuries may include intentional acts of a coworker, equipment manufacturers or suppliers, sub-contractors, and the like. The most common instance of an injury due to a third party occurs when an employee is operating a vehicle in the scope of employment and is injured due to the negligence of the driver of another vehicle. Under this example, the injured worker can also make a claim against the driver of the other vehicle.

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