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Third Party vs. Worker’s Compensation

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 A third party is any individual or entity, other than the employer and not in the same employment as the injured worker, who is negligent or at fault for the work injury.   A third party lawsuit is similar and yet different in many ways from a worker’s compensation case.  Each goes through an entirely different judicial system.  In a third party case, if the case is not resolved outside of court and it goes to trial, the fate of this matter will be decided by a jury rather than a single hearing member/judge.  Unlike worker’s compensation claims, third party claims also include pain and suffering.  Further if the injured person is married, a loss of consortium claim will likely be included for his or her spouse.  While both a worker’s compensation and third party case do account for medical expenses and lost wages, the third party claim does not rely upon a permanent partial impairment rating for a settlement award.

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