What are the differences between a third-party claim and a workers' compensation claim?

When it comes to industrial accidents in Hawaii, a third-party claim and a workers’ compensation claim both provide injured workers with financial relief. However, there are some differences between the two types of claims. With a third-party claim, the injured worker can pursue compensation from the party responsible for their injury. This could be a colleague, supplier, contractor, or manufacturer due to their negligence. The party responsible must have owed the worker a duty of care, which they failed to uphold, resulting in the injury. A workers’ compensation claim is available when an employee has been injured while working. The worker does not have to showcase that anyone else was at fault, and the employer will be liable for financial compensation for medical bills, time taken off work, and any reduction in future earnings due to the injury. In a third-party claim, the injured worker is entitled to receive compensation for damages such as pain and suffering and emotional distress, which they would not be able to claim under a workers’ compensation claim. However, third-party claims require the injured worker to prove that someone else was at fault. Although both types of claims can provide financial compensation to the injured worker, they differ in terms of who is responsible and the types of damages which can be claimed. Ultimately, the injured worker should speak with a lawyer to determine which type of claim is the best option for them.

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What are the differences between a third-party claim and a workers' compensation claim?

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