Those who are injured within the course of employment are typically entitled to payments through workers’ compensation. As a result, they are unable to sue their employer for the cost of medical expenses, lost income, and other monetary losses. However, employees are not prohibited from filing a lawsuit against someone other than the employer, which is known as a third party claim. In this scenario, there is another entity (a property owner, reckless driver, etc.) who is liable for the injuries or illness you sustained.
A third party workplace accident claim can help you obtain additional funds on top of the amount you would normally receive from a WC claim. This is why pursuing a legal action against the party at fault is critical to your rights as a worker that ended up with one or more injuries. If you are wondering about your eligibility for a personal injury claim while receiving workers’ compensation, please take a moment to contact our law firm. The workplace injury lawyers of California Labor Law Employment Attorneys Group are ready to help, 24 hours a day, 7 days a week.
What You Should Know about Third-Party Workers’ Comp Claims
You are probably aware that workplace accidents generally qualify workers for benefits such as replacement wages and medical treatment. But there are limitations to the type of payments you can receive, as well as the maximum number of weeks you can be on workers’ compensation.
Injured employees who are eligible for a third party lawsuit have the option of seeking compensation beyond what they are receiving from a WC claim. Here are some of the damages that may be available to you from a lawsuit against a third party:
Pain and Suffering / Emotional Distress
These are known as non-economic damages, and they are based on the physical pain and emotional suffering that is caused by someone else’s negligence or misconduct. These are extremely valuable categories of compensation that are not available through the worker’s compensation system.
Medical Expenses
There is a cap on how long you can be covered for medical expenses under California’s workers’ compensation laws. This is not the case with personal injury lawsuits, where you can receive future and lifetime care costs, based on the extent of your injuries and related complications.
Lost Wages / Earning Capacity
Please be aware that workers comp covers only two-thirds of your weekly wages, meaning you will lose out on a significant chunk of payment while you are unable to work. In addition, you can only receive these payments for up to a certain number of weeks unless you can prove that you are permanently disabled. With that in mind, it’s helpful to secure additional income for the future by filing a third party claim for a work-related accident.
Wrongful Death
If an employee dies from a workplace accident, the spouse or family members can file a lawsuit for wrongful death when there is an individual or entity that’s liable for the accident. Compensation from a wrongful death lawsuit can include funeral expenses, cost of medical treatments, loss of expected income, pain and suffering, and loss of consortium.
There are some important considerations that we want to bring to your attention. First, you can pursue a third party accident claim while you are getting paid from a workers’ compensation claim. Once you recover your settlement from a lawsuit, you will have to pay back some of the benefits you obtained from workers’ compensation. An experienced work accident injury lawyer can help you minimize the amount that you’ll need to pay back.
Difference Between Workers’ Compensation and Third-Party Lawsuits
The main difference between WC and third party claims is the concept of fault versus no-fault. When you file for workers’ comp, you are not required to prove that someone else caused you harm and suffering. Essentially, the fact that you were injured as a direct result of your employment duties is the only factor that needs to be established.
This is in direct opposition to a third party claim, which is based on the actions of someone other than yourself or your employer. So, you will need evidence of negligent or willful conduct that resulted in bodily harm while you were at work or doing something in the interest of your employer.
Third Parties in a Workplace Injury Claim
As we previously mentioned, a job-related accident generally entitled you to workers’ compensation. However, if an entity other than your employer or coworkers can be blamed for the accident, you can file a legal action against them. Here are some examples of third parties that may be sued for your injuries:
- Product Manufacturers – if the cause of injury is due to a defective product, the manufacturer of the item or a part within the item may be liable for the worker’s injuries.
- Property Owners – repair techs, delivery drivers, and other professionals may be injured on a property due to the owner’s failure to maintain safe conditions. Under the law of premises liability, the injured worker may have grounds to sue the owner or operator of the property.
- Contractors – if you are being supervised by a contractor rather than someone classified as an employee, you may have cause to sue them if you get hurt because of failure to properly supervise the activities at your workplace.
There may be other entities that are responsible when someone is injured on the job. By consulting a work accident lawsuit attorney, you can be sure that any third parties responsible for your accident are held accountable for the injuries you suffered.
Contact California Labor Law Employment Attorneys Group
A workplace accident is painful and traumatic, but there are laws to help you stay afloat while you are recovering from your injuries. If you believe that a third party caused or contributed to a job-related accident, please talk to a workers’ compensation lawyer right away.
With decades of experience in the recovery of work accident settlements, we are more than ready to bring you the compensation you deserve by law. As we fight for your rights, you won’t be charged a single penny in legal fees under the Zero Fee Guarantee. By winning your case, we are paid a percentage of the funds that are awarded to you; otherwise, we make $0 and you walk away without any risk to your finances.
It all starts with a free case evaluation, which you can schedule by contacting our office.
