What if my job injury was the fault of someone other than my employer – can I sue that party?
Yes. In those situations where an employee is injured on the job by someone other than his employer, the employee can sue the responsible party for damages and can also file a workers compensation claim. However, in such circumstances the workers compensation carrier will have a statutory lien against any money that you recover from the responsible party, equal to 2/3 of the workers compensation benefits that have been paid on your behalf. That means that if you receive money from another party for a job related injury, you have to reimburse the workers compensation carrier for 2/3 of what they paid you in workers compensation benefits.
