A separate claim against someone other than your employer can make a big difference in how much money is available after a serious injury. When workers' compensation covers medical care and partial wage loss but does not pay for the full impact of what happened, another claim may open the door to broader recovery.

A third-party claim is a legal claim against a person or business that contributed to an injury but is not the injured worker's employer or a co-worker acting within the job. In a work injury setting, that might be a negligent driver, a property owner, a contractor, or a manufacturer of defective equipment. Unlike workers' compensation, which is usually no-fault, a third-party claim is generally based on negligence, a dangerous condition, or a defective product.

This matters in real cases because a third-party claim may allow recovery for losses workers' compensation does not fully cover, such as full lost income, pain and suffering, and other damages. For example, if someone is hurt in a crash on a dangerous road while working, the workers' comp claim and the third-party case may move at the same time.

In Hawaii, a personal injury lawsuit is generally subject to the two-year statute of limitations under Hawaii Revised Statutes § 657-7. Missing that deadline can wipe out the third-party case, even if the workers' compensation claim is still active.