What is the difference between a workers' compensation claim and a third-party liability claim?

In New York, there are two types of claims that a worker can make if they sustain an industrial accident: a workers’ compensation claim and a third-party liability claim. A workers’ compensation claim is a no-fault insurance claim made to the employer’s workers’ compensation insurance provider. This claim seeks to reimburse the worker for medical expenses, lost wages, and any other injury-related costs. The worker is not required to prove that the employer was negligent in order to receive these benefits. On the other hand, a third-party liability claim is a claim made against a third party who is responsible for the accident. For example, if a machine supplied by a manufacturer malfunctions and causes an injury, the worker can file a third-party liability claim against the manufacturer. In this situation, the worker must prove that the third party was negligent in order to receive compensation. In summary, a workers’ compensation claim is made against the employer’s insurance provider and does not require the worker to prove negligence, while a third-party liability claim is made against a third party who is responsible for the accident and does require the worker to prove negligence.

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What is the difference between a workers' compensation claim and a third-party liability claim?

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