That is where third party claims come in.
A third-party claim is a separate case against someone other than your employer or co-worker who caused your injury. You keep your workers’ compensation benefits, and you also hold the at-fault party responsible. This can make a real difference in cases involving serious injuries.
When third-party liability makes sense
These claims often appear in situations where another company or individual is involved in the work being done. For example:
- A delivery driver is hit by a distracted driver while on their route
- A subcontractor leaves a hazard that injures another crew member
- A property owner fails to fix a dangerous condition
- A machine or tool malfunctions due to a defect
Workers’ compensation still applies, but it does not block you from going after the person or business that created the danger.
Workers’ compensation liens against third-party recovery
In North and South Carolina, the workers’ compensation carrier holds a lien on any money recovered from the third party. That lien has to be dealt with before the injured worker receives their share. Reductions are possible and can require a hearing before a superior court judge in North Carolina or a Workers’ Compensation Commissioner in South Carolina.
Why these claims matter
A third-party case can provide compensation that workers’ compensation simply cannot offer. That includes the full value of lost income, pain and suffering, and the long-term fallout of an injury that changes the way you live or earn a living. For many workers, this is the only way to reach a settlement that reflects the true scope of what they lost.
How a workers’ compensation lawyer can help
These cases move on two tracks at the same time. One follows workers’ compensation rules. The other follows personal injury law. They interact in ways that can help or hurt your outcome if they are not handled carefully. A workers’ compensation attorney who understands both can investigate the accident, protect your benefits, pursue the third-party claim, and negotiate the lien so you keep as much of your recovery as possible.
If you were hurt on the job in NC or SC and someone outside your employer played a role, it is worth asking an injured workers law firm whether a third-party claim is available. It could be the piece that finally makes you whole.