Q. What is meant by the term "third party?"
A. When a worker's injury was caused by another person (other than the
employer or co-worker) that other person who caused the injury is referred to in the law as the
"third party." For example, if an employee, while driving a vehicle for his employer, is injured by a
collision with another motorist who is at fault, the other motorist is the "third party." The
manufacturer of faulty equipment which injures an employee is also a "third party." Malpractice by
medical providers who have treated you for your job-related injury is also covered.
Q. Can I receive benefits and still sue the responsible "third party"?
A. Yes, subject to certain provisions and restrictions. For more details,
discuss this matter with your claims adjuster.
Q. May I keep all of the money received from a third party settlement?
A. No. If you receive workers' compensation benefits in addition to a
settlement from the third party, then some or all of the workers' compensation benefits received must
be repaid, not to exceed the amount received from the third party.
Q. May I settle my third party claim without SAF permission?
A. This would not be advisable. You may lose some or all of your workers'
compensation benefits if you settle with a third party without prior written approval of SAF.