Workers' comp and third-party claims, side by side

The grand bargain, and its edge

Workers' compensation pays without proving fault, and in exchange you generally cannot sue your employer. That immunity is personal to the employer. Every other company whose negligence contributed — the general contractor, the property owner, an equipment maker, another subcontractor — can still be sued in an ordinary negligence case with no cap.

What each one pays

Comp pays medical treatment, roughly two-thirds of lost wages subject to a state cap, and a scheduled permanent impairment award. It does not pay pain and suffering, loss of enjoyment of life, disfigurement, a spouse's loss of consortium, or the full value of a shortened career.

Finding the third parties

The work is identifying everyone who touched that site. It's tedious, and it is where cases are made.

• General contractor — usually holds contractual responsibility for overall site safety
• Property or building owner, particularly on a job they controlled or specified
• Other subcontractors whose crews created or removed a hazard
• Scaffold, lift, and equipment rental companies
• Manufacturers of harnesses, anchors, lanyards, ladders, and lifts
• Architects or engineers, where the design itself made safe work impossible
• Staffing agencies, where the employment relationship is split between two entities

The lien, and why it isn't a reason to skip this

If you recover from a third party, your comp carrier will assert a lien to recoup what it paid out. People hear this and conclude the third-party claim is pointless. It isn't.