What if I was injured by someone who is not employed by my employer?

Under the law, you (the injured worker) are the first person. Anyone who works for your employer is considered the second person. Everyone else is considered a third party.

Depending upon the circumstances of your injury, in addition to a workers’ compensation claim, you may also have a third party personal injury claim which is filed in Superior Court. Two common examples of third party claims involve automobile accidents while on the job and defective products used on the job. Although workers’ compensation is your exclusive remedy against your employer, there are certain instances when you may maintain a separate action against another party, i.e. if the driver of the other automobile was negligent, or if the manufacturer made a defective product.