Workers' Comp vs. Third-Party Claim After a Fall at Work
If you fell while working, you may have more than one path to recovery. Workers' compensation and a third-party premises claim are different, and sometimes you can pursue both.
Workers' compensation
Workers' comp generally pays certain benefits — medical care and a portion of lost wages — regardless of fault, through your employer's coverage. But it does not pay for everything, notably full pain and suffering, and it is your usual remedy against the employer itself.
A third-party premises claim
When someone other than your employer — a property owner, a general contractor, a landlord — controlled the dangerous premises where you fell, you may have a separate claim against them. That claim can recover for losses comp does not, including full pain and suffering.
The bottom line
The two can work together: comp for immediate benefits, and a third-party claim for the fuller recovery. Coordinating them, including any reimbursement owed to the comp carrier, is part of the work.
Frequently asked questions
Can I get workers comp and sue a third party?
Often, yes — comp covers certain benefits regardless of fault, and a third-party claim can pursue the rest against whoever controlled the dangerous premises. Coordinating them is important.
This is general information about Slip And Fall injury claims, not legal advice. Every situation is different.
The law depends on your state
The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to slip and fall.
Not sure which applies to you?
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