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Someone else at fault

If someone else caused your injury, there may be a second claim.

Workers' compensation pays whether or not anyone was at fault, but it does not pay for everything. When a driver, a subcontractor or the maker of a faulty machine caused your injury, you may be able to make a separate claim against them.

That claim can reach losses benefits do not, and it runs on a different clock. We look at both together so one does not hurt the other.

Common examples

  • A driver hit you on a work errand

  • A contractor's crew created the hazard

  • A tool or machine failed

A roofer in a safety harness climbs a ladder against a house, carrying a tool bag

What we check on day one

  • Who was involved

    The other driver, the site owner, the contractor, the maker of the equipment.

  • What the insurer is owed

    A comp insurer can be repaid out of a separate recovery. We negotiate that amount.

  • The deadline

    A separate claim has its own deadline, and it can be shorter than you expect.

Questions we hear about this

Can I sue my employer?

Often, benefits are your only claim against your employer. People other than your employer are a different matter. Ask us about your job.

Does a second claim reduce my benefits?

Not directly, but the insurer may be repaid from what you recover. We handle that so you keep as much as we can.

Do I have to choose one claim?

No. They can run side by side.

Think someone else is to blame?

Tell us how it happened. We will look at both claims before you decide anything.

Please don't send confidential details through the form.