American Association for Justice
Greater Lowell

Third-Party Liability Claims

Understanding Third-Party Liability Claims

After a typical work injury, your employer’s workers’ compensation insurance should cover lost wages and medical care costs. These accidents may occur because of a misstep taken by you, a fellow employee or your employer. In reality, it doesn't matter who caused the injury. As long as you were hurt at work, you are eligible for benefits.

However, there are some restrictions to the Workers’ Compensation system. If you are hurt at work, you are not able to sue your employer. That means that you will never be able to get any money from your employer for your pain and suffering. So, if you are injured by a coworker, you cannot sue the company or the co-worker.

But, there are often times when someone negligently hurts you at work, and the person who hurts you is not an employee. This would give rise to what is called a Third-Party Liability claim.

There are many scenarios in which this occurs: 

  • If you are in a car accident while you are on the job, you can file a claim with the person who caused it;
  • If you are on a job site with multiple companies, if a worker for another company negligently injures you, you can file a claim with that person and the company; or
  • If you are hired by a temp agency to work at another company, you are not considered to be an employee of that company. So if an employee negligently hurts you, you can file a claim against the company.
What Benefits are Available?

Even if you are able to get compensation from the person who caused your injury, you will still be entitled to Workers Compensation benefits. Your Workers’ Compensation insurer will be responsible for paying your lost wages and paying our medical expenses. Then, the insurance company for the person who caused the injury will be essentially responsible for your pain and suffering.

Experienced Attorneys

These claims are especially complicated because they involved two different types of insurance that are meant to cover some of the same things. Coordinating your compensation with the insurance companies is something that really needs the attention of an experienced attorney.

It can also be hard to know what benefits you may be entitled. An inexperienced lawyer may make a Workers Compensation claim, but miss altogether that there is an additional claim to also be made. This severely limits your recovery.

Our attorneys, at Marcotte Law Firm, can help. We have more than 150 years of combined experience representing a variety of individuals as they face the complexities involved in workers’ compensation and personal injury law.

We approach each case collaboratively. Our clients can rest easy knowing that they have a team of legal professionals working together on their cases. We strive for efficient, cost-effective results for our clients. We understand how stressful and overwhelming this situation can be. Our lawyers are committed to working diligently toward both your current needs and your long-term goals.

Schedule a Free Initial Consultation

To learn more about how our attorneys can help you obtain the best results possible, contact our firm for a free initial consultation. Schedule yours online or by calling (978) 458-1229.

Client Reviews
Marcotte Law firm has since handled a few other things for me not accident related. My experience continues to be fantastic. Perhaps their motto could be simply "No problem. I'll take care of it" because that's exactly what they do. Marguerite Riley
This team is of the utmost prestigious gentlemen I've come across! They handled my son's case as if it were their only. I recommend Marcottte Law Firm to anyone who is in need of an attorney. Robert Vogel
Mr. Marcotte and his staff are courteous and respectful, I've known Mr. Marcotte for over 25 years and I recommend him and his colleagues as the best lawyers in Lowell and Massachusetts area . God Bless them all. Minerva Martinez
Ronda Johnson