Did you get hurt on the job in California? State law allows most employees to collect workers’ compensation benefits to cover their medical expenses and lost income while they heal. Workers’ comp is a no-fault system, meaning you don’t have to prove your employer did anything wrong to receive compensation. However, there is a trade-off. In exchange for no-fault benefits, workers lose their right to file a personal injury lawsuit against their employers.
But what if someone else (not your employer or a coworker) is responsible for your on-the-job injury? Depending on the circumstances, you could file a personal injury claim against the at-fault party. These cases are called third-party liability claims.
Difference Between Third-Party Claims and Workers’
Comp Claims
When a qualifying employee suffers a work injury in California, they can apply for workers’ compensation to pay for their medical treatment, replace a portion of their lost wages, and provide disability benefits until they can return to work. The state Division of Workers’ Compensation oversees the administration of benefits to eligible employees. With workers’ comp, you don’t need to establish someone was at fault to get paid. Employees must only show they were injured while performing work-related duties.
Third-party claims are different. In a third-party personal injury case, you must prove that an outside party’s negligence caused the accident and your injuries. These cases are handled in civil court. A third-party liability claim opens the door for an injured employee to potentially recover more money than they would receive by filing a standard workers’ comp claim alone.
What are Third-Party Entities?
Various third parties may be liable for a workplace accident. Common examples include:
- Product manufacturers — A construction worker who loses a limb after a defective power tool malfunctions might have a valid third-party injury claim against the product’s maker.
- Property owners — A delivery worker could sue a homeowner whose dog bit them while they delivered a package.
- Drivers — A commercial truck driver hurt in an accident caused by a drunk driver could bring a third-party personal injury claim against the intoxicated motorist.
- Negligent designers — A homebuilder hurt due to faulty architectural plans on a job site could hold the designer accountable through a third-party lawsuit.
Can I File a Third-Party Claim and a Workers’ Compensation Claim Simultaneously?
You can file a workers’ compensation claim and third-party liability claim at the same time. However, some attorneys focus exclusively on workers’ compensation law and not third party-claims (and vice versa). You may need one attorney to handle the workers’ compensation aspect of your case and a different lawyer for your personal injury claim. The Sacramento personal injury lawyers at Demas Law Group concentrate on third-party work injury claims and can refer you to top workers’ compensation lawyers in the area to help with your workers’ comp case.
What are the Benefits of Filing a Third-Party Claim?
Not everyone can file a third-party claim after a work injury. However, these claims can pay off for individuals who can.
In a workers’ compensation claim, an employee receives compensation for medical benefits and partial wage replacement. By contrast, a successful third-party claim allows individuals to recover additional money for losses not covered through workers’ comp, such as:
- Pain and suffering
- Loss of enjoyment of life
- Past and future medical expenses
- The full value of lost wages
- Lost earning capacity
- Wrongful death
- Punitive damages (in limited cases)
Keep in mind that if you receive compensation through a third-party lawsuit, you will need to repay your workers’ compensation benefits from the settlement. A knowledgeable personal injury lawyer can help reduce how much you have to pay back and maximize your compensation.
How to Prove Third-Party Liability
You need to prove negligence to prove a third party is liable for your injuries. In California, negligence means the failure to provide reasonable care to avoid harming someone.
To prevail in your case, you will need evidence showing the following:
- A third party who was not an employer or coworker caused an accident.
- The third party owed you a duty of care.
- The third-party breached that duty through some action (or failure to act).
- You suffered injuries.
- Your injuries resulted in losses that can be remedied through monetary compensation.
Filing a Third-Party Claim
Talk to a personal injury attorney immediately if you believe you have a third-party claim after a work injury. An adjuster from the third party’s insurance company may contact you shortly after the accident and offer a quick settlement. As tempting as the initial offer sounds, wait until you consult with an experienced lawyer to ensure you receive fair compensation.
California gives personal injury victims two years from the date of an injury to take legal action. However, it’s wise to get started as soon as possible. Once hired, your lawyer can launch an immediate investigation into your case and collect strong evidence to support your claim.
Contact a Sacramento Third-Party Liability Lawyer Today
Workers’ compensation can help you pay the bills, but you shouldn’t just settle for benefits if a third party can be held accountable for your losses, too. Connect with a Third-Party Liability Lawyer at Demas Law Group to review your case and determine whether a third-party lawsuit is an option.
Our Sacramento personal injury lawyers strive to make a meaningful difference in our clients’ lives, starting with a free consultation. Call or contact us today to get started.
