Last updated on July 6th, 2026 at 02:50 pm
You were hurt on the job. You filed a workers’ compensation claim. You thought that was the end of it, until a letter arrived.
Maybe it came from the workers’ compensation board. Maybe it came from your employer’s insurance company. It mentions something about a “third-party claim” or your “right to pursue a third-party action.” You are not sure what it means, and you are not sure what to do with it.
Do not ignore it. Do not respond to it without speaking to a personal injury attorney first.
This letter may be the most important piece of mail you receive regarding your injury, and most people who receive it have no idea what it means or what rights it grants them.
Workers’ Compensation and Personal Injury: Two Different Systems
Workers’ Compensation
Workers’ compensation is a no-fault insurance system. If you are hurt while performing your job in Maine, you are generally entitled to workers’ compensation benefits regardless of who was at fault. Those benefits typically cover:
- Medical expenses related to your workplace injury
- A portion of your lost wages while you are unable to work
Workers’ compensation does not cover pain and suffering. It does not provide full wage replacement. And critically, if workers’ compensation applies, you generally cannot sue your employer directly for additional damages. That is the trade-off built into the system.
Third-Party Personal Injury Claims
Workers’ compensation only protects your employer from being sued. It does not protect other parties who may have contributed to your injury.
If someone other than your employer caused or contributed to your workplace injury, you may be able to bring a separate personal injury lawsuit against that third party, in addition to receiving workers’ compensation benefits.
That third party could be:
- The owner of the building or property where you were injured (if it is not your employer)
- A contractor or subcontractor working at the same job site
- A manufacturer of defective equipment or machinery
- A driver who caused a vehicle accident while you were working
A personal injury lawsuit against a third party can include damages that workers’ compensation does not cover, including pain and suffering, full lost wages, and compensation for long-term disability or reduced earning capacity. These cases can be worth significantly more than a workers’ compensation claim alone.
Why You Received That Letter
When a workers’ compensation carrier is paying your benefits, they have a legal interest in knowing whether someone else caused your injury because if a third party is found liable, the workers’ compensation insurer may be entitled to recover some of what they paid out.
As a result, the workers’ compensation board or insurer will sometimes send a notice to injured workers informing them that a third-party claim may exist and that they have the right to pursue it. In some cases, the notice explains that if you do not pursue the claim, the insurer may do so on your behalf.
The letter is a legal document. It indicates that your case may be more complex and potentially more valuable than a standard workers’ compensation claim.
Real Examples of How Third-Party Claims Arise in Maine
Warehouse and Distribution Facility Injuries
A worker is injured at a warehouse in Maine. Their employer is a staffing or delivery company, but the warehouse itself is owned and operated by a separate property owner. If the property owner’s negligence, a dangerous floor, inadequate lighting, or a poorly maintained loading dock contributed to the injury, the property owner may be liable as a third party.
Construction Site Accidents
Construction sites in Maine typically involve multiple companies: a general contractor, subcontractors, equipment rental companies, and property owners. If a subcontractor’s negligence injures a worker employed by a different subcontractor, the injured worker may have a third-party claim against the negligent party even though workers’ compensation covers their employment-based claim.
Forklift and Equipment Accidents
If you were injured by a forklift or piece of equipment operated by an employee of a different company than your employer, you may have a claim against that company. If the equipment itself was defective, you may have a claim against the manufacturer.
Vehicle Accidents While Working
If you were injured in a car accident while performing work duties, making deliveries, driving between job sites, traveling for your employer, and the accident was caused by another driver, you may have both a workers’ compensation claim and a personal injury claim against the at-fault driver.
Why You Need a Personal Injury Attorney, Not Just a Workers’ Comp Attorney
Workers’ compensation attorneys handle the benefits side of workplace injuries. They are well-suited to navigating the workers’ compensation system and maximizing your benefits under that system.
But identifying, evaluating, and pursuing a third-party personal injury claim is different work. It requires:
- Investigating the facts of your injury to determine whether a third party was responsible
- Understanding how Maine premises liability law applies to your situation
- Assessing the full value of your damages, including elements workers’ compensation does not cover
- Filing a civil lawsuit if necessary and taking that case to trial if the third party’s insurance company will not negotiate fairly
Hardy, Wolf & Downing focuses on personal injury cases, including third-party claims arising from workplace accidents. We regularly work alongside workers’ compensation attorneys, handling the personal injury piece while the workers’ comp attorney handles the benefits side. You can have both.
What Maine Law Says About Premises and Third-Party Liability
If your injury occurred on property owned or controlled by someone other than your employer, Maine premises liability law may apply.
Property owners in Maine have a legal duty of care to keep their premises reasonably safe for any non-trespasser who is reasonably expected to use their property. If a property owner knew or should have known about a dangerous condition and failed to address it, and that condition caused your injury, they may be liable.
It is worth noting that contractors in Maine do not have an independent duty to the public unless they personally created the dangerous condition. If a contractor’s negligent work created the hazard that injured you, that can establish liability. But simply being present on a job site is not enough.
These are nuanced legal questions. They are exactly the kind of questions that make it important to speak with a Maine personal injury attorney before responding to any letter or making any decisions about your claim.
What Happens If You Ignore the Letter or Respond Without Legal Guidance
If you ignore the letter, one of a few things may happen:
- The workers’ compensation insurer may pursue the third-party claim on your behalf, but their interest is in recovering what they paid out, not in maximizing your recovery
- The deadline to file a personal injury lawsuit may pass, eliminating your right to bring a claim
- You may settle for far less than your case is worth because you did not know a third-party claim existed
In Maine, the statute of limitations for personal injury claims is generally 6 years from the date of the injury under Maine Title 14, §752. If a government entity is involved, a formal written notice of claim is required within 365 days of the injury. There are shorter time limitations in a wrongful death action, a matter involving the service of alcohol, and several other specific types of cases. Do not wait unnecessarily; evidence fades, and witnesses become harder to locate over time.
Frequently Asked Questions
Can I pursue both workers’ compensation and a personal injury lawsuit?
In most cases, yes. Workers’ compensation covers your employment-related benefits. A third-party personal injury lawsuit is a separate legal action against a party other than your employer. You can pursue both simultaneously, often working with a workers’ compensation attorney and a personal injury attorney.
Will my workers’ compensation benefits be affected if I win a personal injury lawsuit?
Potentially, yes. Workers’ compensation insurers often have the right to seek reimbursement, called subrogation, from your third-party recovery. An experienced attorney can help you understand how this works in your specific situation and negotiate the best possible outcome across both claims.
What if I am not sure whether a third party is responsible for my injury?
That is exactly why you call an attorney. You do not need to know the answer already. An attorney will investigate the facts, review any relevant contracts or property records, and advise you on whether a viable third-party claim exists. The consultation is free.
What if the letter I received says I have a deadline to respond?
Take that seriously. Workers’ compensation letters about third-party claims sometimes include deadlines that can affect your rights. Do not let a deadline pass without speaking to an attorney first.
I was injured at a warehouse, a construction site, or a facility in Maine. Does this apply to me?
It may. These environments frequently involve multiple employers, contractors, and property owners, exactly the situations where third-party liability is most likely to exist. A free consultation will tell you whether your situation warrants further investigation.
Key Takeaways
- Workers’ compensation only protects your employer. Other parties who contributed to your injury may still be liable.
- A letter about a third-party claim is a legal notice telling you that your case may have value beyond your workers’ compensation benefits.
- Third-party personal injury claims can include pain and suffering, as well as other damages that workers’ compensation does not cover.
- Maine’s six-year statute of limitations applies to personal injury claims, but government entity claims require a formal notice of claim within 365 days.
- You can work with both a workers’ compensation attorney and a personal injury attorney on the same injury.
- Speaking with a Maine personal injury attorney before responding to any letter costs you nothing.
