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Third Party Claimant Case Study

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If you were injured while on the job, you may be able to file both a worker’s compensation claim and a personal injury lawsuit. If you are thinking about going down that route, make sure you consider these three things before you proceed:

#1: Was A Third Party Involved?

Generally speaking, a third party has to be involved in the injury that you sustained in order to be able to file both a worker’s compensation claim and a personal injury lawsuit. This third party is legally referred to as a “third party claimant.” A third party claimant is anyone who was involved in your injury and is not an employee for your employers.

One of the most classic examples of a third party claimant situation is if you were driving a vehicle for work purposes and were involved in an accident with another driver who does not work for your employer. In that case, you could file a worker’s compensation claim against your employer since you were on the job at the time, and you could file a personal injury lawsuit against the other driver. …show more content…

For example, if you were out running errands while on the clock and were involved in a slip and fall case, you could file two claims. Or if you were at another business picking up items and something fell on you and injured you, you could file two claims. There are countless other situations where a third party could be involved other than the three described above.

#2: Will Any Personal Injury Awards Take Away From Your Worker’s Compensation Award?

In some states, if you pursue a personal injury claim for the same situation that you are pursing a worker’s compensation claim for, the money you get may cancel each other

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