Third-Party Liability Claims vs. Worker's Compensation

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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.

Third-Party Injury Claim Process: What to Expect

If you hire Habush, Habush & Rottier for your third-party injury claim, our attorneys will:

  1. Take the time to ask questions about your employment;
  2. Collect records to learn the circumstances of your injury;
  3. Gather all relevant information about your case. This includes securing all documents and evidence related to the accident, including incident reports, OSHA reports, health records, medical bills, etc.;
  4. Work with your worker’s compensation attorney to ensure your interests are protected.

Kristin M. Cafferty

Kristin M. Cafferty is a shareholder at Habush Habush & Rottier in the Racine office. Her practice includes the representation of victims of personal injuries from automobile accidents, dog bites, slip & falls, and vaccines. Kristin has a history of numerous successful settlements, jury verdicts and appeals for her clients in and outside of Wisconsin and in the federal courts.  

Kristin was born and raised in Wisconsin. She graduated from Marquette University, earning a B.S. in 1991 and a J.D. in 1994. Kristin resides in Racine with her husband, Patrick, and their four children and enjoys traveling, cooking with friends and Marquette basketball.

Racine, Kenosha, Lake Geneva /

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