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WSWaggoner & SaidiSanta Fe · Albuquerque · Las Cruces · Hobbs
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Worksite injuries

Comp pays some of it. Who pays the rest?

Workers' compensation covers medical bills and part of your wages. It doesn't pay for pain, for the career you lost, or for the future. When someone other than your employer caused the injury, there may be a second claim — and that's the one that matters.

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The second claim

The "third party" — and why it matters.

A subcontractor's crane operator. A delivery driver from another company. A machine with a defect. A property owner who ignored a hazard. If any of them caused your injury, you may have a claim against them on top of comp. Those claims can pay for everything comp doesn't.

The comp carrier will usually want some of that money back. Handling that "lien" is part of what we do, so more of the recovery stays with you.

General information; comp and third-party rules are technical and depend on your facts.

Where we see it

Construction, warehouses, the road, and the patch.

Construction sites

Falls, struck-by, trench and scaffold failures, electrical. Usually more than one company on site.

Warehouses and delivery

Forklifts, loading docks, and the contractor arrangements that put a different company's name on the equipment.

Driving for work

Hurt in a crash while on the clock? Comp and a claim against the other driver can both apply.

Oilfield

The most third-party-heavy work in the state. Our oilfield page.

Free call · Hablamos español

Hurt at work? Ask who else was on the site.

We’ll tell you whether there’s a second claim — free, in your language.

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