If you are injured on the job as a result of the fault of a third person who is not your employer nor a co-employee, you have a potential claim against the at-fault third party. This claim is separate and distinct from your claim for workers compensation. For example, if you are injured in a car wreck while performing your job, and the other driver is at-fault, you have a right to recover against the other driver. Similarly, if you are injured because some machine or other product was defective in its manufacture or design, you have a right to make a claim in court against that manufacturer or distributor.

In the event there is a monetary recovery against a third party, a portion of that recovery may go to the employer or workers compensation insurance company who has a lien against the third party recovery up to the amount of benefits paid to you under your workers compensation claim. How much, if any, money you have to repay the workers compensation insurance company depends upon the facts of the case.