Third-Party Workers’ Compensation Claims

If you get injured while at work or performing job-related tasks in California, you may be eligible for insurance benefits through the workers’ compensation system. Once you accept a workers’ comp settlement, you no longer have the right to hold your employer responsible for your injuries. You can, however, still file a lawsuit against a third party with a workers’ compensation lawyer in Los Angeles.

How Does California’s Workers’ Compensation System Work? 

California’s workers’ compensation laws require all employers to carry insurance that offers no-fault benefits to employees. If an employee suffers an injury or illness within the scope and course of employment, financial benefits can be collected through a workers’ comp claim without requiring proof of fault.

The tradeoff for this no-fault insurance is that workers forfeit the right to sue their employers for work-related injuries. Workers’ compensation insurance protects employers from liability. If you wish to sue your employer for negligence, you must not accept a workers’ compensation settlement. You may, however, still be able to file a claim against a third party after receiving a workers’ comp check.

What Is a Third Party? 

The only exception to the workers’ compensation rule is that a worker can accept insurance benefits as well as file a personal injury claim if someone other than the employer is at fault. This is referred to as a third party. 

A third party could be anyone who is not an employer or coworker, such as:

• A contractor or subcontractor
• A truck or motor vehicle driver
• An equipment or tool manufacturer
• A maintenance crew or individual
• A property owner or landlord
• A government agency

A third-party workers’ compensation claim could result in additional coverage for the worker’s losses, such as full lost wage recovery (rather than only two-thirds) and pain and suffering damages. This is an addition to benefits recovered through workers’ comp.

How to Prove a Third-Party Work Injury Claim

Unlike a workers’ compensation insurance claim, an injury suit against a third party requires proof of fault. The injured worker must provide evidence showing that the third party owed the worker a duty of care, breached or failed to meet this duty, and that this caused the work injury or illness.  

Proving a third-party claim requires compelling evidence, such as accident reports, surveillance videos, photographs, eyewitness statements, medical records and expert testimony. The burden of proof is a “preponderance of the evidence,” which means that the third party’s liability must be established as more likely to be true than not true.

How Can a Lawyer Help With a Third-Party Workers’ Comp Claim? 

If you get injured in an accident at work in California, don’t accept a workers’ compensation settlement until you’ve spoken to an attorney. If your employer was negligent, a personal injury lawsuit may result in greater coverage. 

An attorney can conduct a comprehensive investigation of your case to identify all liable parties, including any third parties. If a third party caused or contributed to the incident, your lawyer can file a lawsuit against this party on your behalf in addition to filing for workers’ comp to maximize your financial recovery.

A personal injury attorney in Los Angeles will have the resources and ability to hold one or multiple parties accountable for your workplace injuries. Meanwhile, you can have the peace of mind to rest and focus on healing. 

To discuss a specific workplace injury case in detail at no cost or obligation to hire us, contact Rose, Klein & Marias LLP for a free consultation.