April 18, 2026

Workers’ Comp vs. Third-Party Claim: Why You Might Need Both

Workers’ Comp vs. Third-Party Claim: Why You Might Need Both

Workers’ comp covers medical and two-thirds of lost wages but not pain and suffering. A third-party claim fills the gap.

The Detail

If a negligent party other than your employer caused or contributed to your injury — a subcontractor, equipment manufacturer, negligent driver, property owner — you may file a personal injury lawsuit alongside the workers’ comp claim. The comp carrier will have a subrogation lien on the third-party recovery, which requires careful handling.

What This Means for Your Case

Every workers’ compensation case turns on the specific facts and the specific state’s law. The general principles in this post apply across Pennsylvania, New Jersey, New York, and Maryland, but the deadlines, procedures, and benefit formulas differ in important ways state to state.

Next Step

If you’ve been injured on the job and your claim is being contested, delayed, or under-settled, contact Siddons Law Firm for a free case review. We represent injured workers across PA, NJ, NY, and MD on a contingency basis — no fee unless we recover for you.

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