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Brannock & Soto Workers' comp lawyers
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Third-party claims

When a careless driver, a property owner or a defective machine caused your injury, you may have a claim outside workers' comp too.

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Beyond workers' comp

Why a second claim may exist

Workers' comp usually stops you from suing your own employer. It does not always stop you from claiming against someone else who caused the injury. A driver who hit your work truck, a property owner who left a hazard, a manufacturer whose machine had no guard: those can be third-party claims.

Third-party claims can include losses comp doesn't pay, such as pain and suffering. They also come with their own rules, deadlines and costs, and the comp insurer may have a right to be repaid from them. We run both claims together so one does not undercut the other.

Comp covers the job. A third-party claim looks at who else made the injury happen.

You may be in this spot if

  • You were hurt in a vehicle crash while driving for work
  • A machine, tool or safety guard failed or was missing
  • You were hurt on property your employer does not own or control
  • Another company's crew caused the accident
  • A dog bite, assault or fall happened on a customer's property

How we help

  • Spot the claim early

    Evidence like a crashed vehicle or a broken machine can disappear fast. We send preservation letters in the first days.

  • Coordinate with comp

    Your comp benefits keep paying while the third-party claim moves. We manage the timing so neither is put at risk.

  • Handle the repayment

    The comp insurer may be owed part of a third-party recovery. We negotiate that lien so more stays with you.

  • Bring in help when needed

    Product cases can need engineers and testing. We explain costs and partners in writing before anything is spent.

Workers' comp and a third-party claim, side by side

General rules. Details vary by state and by case.

Workers' comp and a third-party claim, side by side
Workers' comp Third-party claim
Workers' compNo need to prove anyone was at fault Third-party claimYou must prove the other party was careless or the product was defective
Workers' compPays medical care and part of lost wages Third-party claimCan include full lost wages, pain and suffering and other losses
Workers' compBenefits set by a state formula Third-party claimValue depends on the facts, insurance limits and the evidence
Workers' compHandled through the state comp system Third-party claimHandled through the regular courts or an insurance claim
Workers' compReporting deadlines are often short Third-party claimLawsuit deadlines are usually longer, but they vary

Deadlines, in general terms

Third-party claims follow your state's regular injury deadlines, which are usually measured in years, not weeks. Evidence fades much faster than that, so early calls matter.

Every state writes its own deadlines. We give you the dates that apply in Missouri and Kansas in writing after the first call. What varies by state

A related example outcome

Example outcomes are illustrations written for this sample website, not real clients. Every case is different. Past results do not guarantee or predict a similar result in any other matter, and some cases do not succeed.

All example outcomes

Example outcome Third-party claim

Crash in a company truck: comp and an at-fault driver claim

HVAC service technician

The situation
A driver ran a red light and hit the client's work van, causing a back injury and several months off work.
What we did
Comp covered medical care and wage benefits while we pursued the at-fault driver's insurer and the client's own underinsured coverage.
How it ended
The third-party claim settled within the policy limits available. We negotiated the comp insurer's repayment so more of it stayed with the client.

Went the client's way

Questions we hear

All questions
Will a third-party claim stop my comp benefits?

No. You can usually collect comp and pursue a third-party claim at the same time. The comp insurer may be repaid from the third-party recovery.

Do you charge a separate fee for the third-party claim?

Third-party claims are usually handled on a contingency fee set out in a separate written agreement, because the work and the rules are different. We explain both fees before you sign anything.

I was in a crash in a company truck. Who pays?

Usually your employer's comp insurer pays your medical care and wage benefits, and the at-fault driver's insurer may face a separate claim. Your own auto policy may matter too.

Other ways we help

Talk to a lawyer about a possible third-party claim

The free case evaluation takes about five minutes. We call back within one business day, in English or Spanish, and tell you plainly whether we think we can help.

Start a free case evaluation Call (816) 555-0142

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