Third Party Liability Claims
Third-party liability claims (also called third-party injury claims) allow you to recover compensation for lost wages, medical bills and pain and suffering if you are injured at work and it was not your employer’s fault.
For example, if you were working in a factory, and a machine installed by an outside contractor malfunctioned and you were hurt by it, you may have a claim against the contractor, rather than your employer. Other examples of third-party claims include:
- A truck driver who, while driving for his or her employer, is injured when his vehicle is hit by a drunk driver
- A construction worker injured by failed scaffolding set up by a subcontractor
A third-party injury claim may allow you to recover portions of your wages not covered by worker’s compensation. You can also recover damages for pain, suffering and other injuries. You can still file a third-party claim even if you’ve already filed for worker’s compensation.
Worker's Compensation Claims
You can file for worker’s compensation benefits if you were injured at work, regardless of who was at fault.
However, in Wisconsin, worker’s compensation is limited and awards are determined by a State mandated formula (or “scheduled injuries”). For example, you may only be reimbursed for your medical expenses and two-thirds of your wages. You cannot recover pain and suffering in Wisconsin’s worker’s compensation system.