Third-Party Claims After a Workplace Injury
If you’re injured on the job in California, workers’ compensation benefits kick in and provide partial wage replacement and medical treatment. These benefits do not require you to prove fault, so they’re the fastest ways to get money and medical treatment for injured workers. However, many injured workers don’t realize that workers’ compensation may not be their only option—in some cases, reaching out to a personal injury attorney can help you recover more.
The interplay of workers’ compensation and personal injury is common in workplace injuries, which is why attorney Scot Thomas Moga provides both types of guidance and support to clients. The team at Moga Law Firm helps clients injured by third parties fight for full and fair compensation, rather than being limited to what workers’ compensation will pay. Call our personal injury law firm in California at 909-931-2444 to schedule a consultation right away.
Workers’ Compensation vs. Third-Party Lawsuits
Under California state law, workers’ compensation is an employee’s exclusive remedy against their employer. That means that if you want compensation from your employer for a workplace injury, workers’ comp is your only way to achieve that—you cannot sue your employer for negligence in the vast majority of workplace injury cases.
Workers’ compensation offers limited benefits, including medical care, temporary and permanent disability benefits, and supplemental job displacement vouchers.
However, if you have a personal injury claim against a third party, you may be able to recover pain and suffering, emotional distress, and full lost wages. A third-party claim requires proof of the other party’s negligence and your losses.
What is a Third Party?
Since you cannot sue your employer for most workplace injuries, third-party claims involve people outside your place of employment. You can’t sue your employer or coworkers, but if other parties caused or contributed to your injuries, you may be able to sue them. Common third parties include:
- Negligent drivers who cause car accidents
- Property owners where the injury occurred
- General contractors or subcontractors on construction sites
- Maintenance companies
- Equipment manufacturers
- Outside vendors
Identifying whether or not there is a third party involved in your claim must happen early, which is why talking to a personal injury lawyer right away is highly recommended.
Common Situations Leading to Third-Party Claims
Third-party claims are not rare. They often arise in predictable workplace scenarios, including:
- Work-related car accidents: If you’re driving for work and another driver causes a collision, you may be able to seek compensation from the at-fault driver via a personal injury claim.
- Construction site injuries: Construction sites often involve multiple companies, contractors, and subcontractors—so even if you’re working with someone, they may not actually be a coworker. If a scaffolding company, utility provider, or equipment provider causes you harm, they may be liable for your injuries.
- Defective equipment: If you’re injured because of faulty or defective machinery or equipment, you may be able to pursue a product liability claim against the manufacturer.
- Premises liability: These claims often occur when workers visit other properties or work on other people’s property as part of their work. For example, a visiting nurse may fall on unsafe stairs while visiting a patient, or a landscaper may be injured by dangerous conditions at a client’s house.
- Aggressive clients: People working in public-facing roles spend a surprising amount of time dealing with angry and aggressive people. When a member of the public goes too far and causes injury to a worker, they may be liable for damages.
How Third-Party Claims Interact With Workers’ Compensation
Typically, you’ll apply for workers’ compensation benefits while simultaneously starting your third-party claim with a personal injury attorney. Workers’ compensation pays out quickly, ensuring that you get the care you need and at least some income coming in.
If your personal injury claim is successful, you don’t get the full amount. Instead, your workers’ compensation insurance company will place a lien against your settlement or court award. They can be reimbursed for the amount they spent on your medical care and partial wages.
Navigating both claims at the same time can be challenging. It’s often easiest to file for workers’ compensation and wait for those benefits to give you some peace of mind, and then reach out to a personal injury lawyer.
Fight for Fair Compensation With Our Work Injury Law Firm in California
If you believe you have a third-party claim in California, it’s time to talk to our personal injury law firm. Set up a consultation with our team now by filling out our online contact form or calling us at 909-931-2444.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
