Third Party Claims

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.

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