What characterizes a "third-party claim" in workers' compensation?

A "third-party claim" in the context of workers' compensation refers to a situation where an employee is injured on the job due to the actions of someone other than their employer or a co-worker. This scenario allows the injured worker to seek compensation from a third party who may be responsible for the injury, such as another company, an equipment manufacturer, or a contractor.

For example, if a worker is injured while using machinery that was faulty and manufactured by another company, that worker can file a third-party claim against the manufacturer while still being covered by their employer's workers' compensation insurance. This is significant because workers' compensation generally protects employers from lawsuits related to workplace injuries, but a third-party claim opens up additional avenues for recovery, potentially leading to larger compensation amounts to cover pain and suffering, lost wages, and medical expenses beyond what workers' compensation offers.

The other scenarios presented do not fit the definition of a third-party claim. Injuries solely due to employee negligence would fall under workers' compensation claims, while injuries caused by an employer would not involve third parties at all. Lastly, filing a claim against the workers' compensation board is unrelated to third-party claims; it pertains to disputes regarding the workers' compensation system or benefits.