When you suffer an injury while on the job, it is important for the well-being of you and your family that you receive the compensation you are owed from all parties that are responsible for your injury. Often that means that you will need to file a lawsuit against someone other than your employer. At Pathway Law Firm, our resourceful attorneys are skilled at reviewing cases and determining all parties that are responsible for their clients injuries and pursuing them for the compensation their clients deserve.

What Is A Third-Party Work Accident?

Employers in California are required to provide their employees with workmans’ compensation insurance coverage. This insurance will provide an employee that is injured on the job with certain benefits, such as a portion of their normal income while they are recovering as well as medical benefits. In return, the employee is not allowed to sue the employer for the injuries they sustained. However, this does not prevent the employee from pursuing any other party that may be liable for their injury. Following are some examples of when an injured employee may be able to sue a third-party for compensation.

  • If an employee is using a machine to carry out their duties and the machine causes the injury due to having been defectively designed, the employee may be able to pursue a lawsuit against the manufacturer of the machine.
  • If the employee is working on a construction site, and they are electrocuted, they may have a claim against the company performing the electrical work if that company is not their employer.
  • If an employee is driving a car while on the job, and they are involved in a car crash, they may pursue a claim against the at-fault driver. 

Does Pursuing a Lawsuit Against a Third-Party Interfere With My Workmans’ Compensation Claim?

It is possible that your workmans’ compensation insurer will claim a lien on any proceeds you receive from a third-party. For example, if your work causes you to walk outside and during one of your walks you are struck by an errant vehicle, you will likely file a workmans’ compensation claim as well as a lawsuit against the driver of the vehicle that struck you. If your workmans’ compensation carrier pays out $6,000 in lost wages and medical expenses due to your injury, and you obtain $20,000 in your lawsuit against the driver, your workmans’ compensation carrier may claim $6,000 of the $20,000 you receive. The remaining $14,000 would go to you. 

Injured in a Third-Party Work Accident? Contact Us for a Free Consultation

If you have been injured in a third-party work accident, you need an attorney who understands the rules and regulations that govern this area of the law. Contact the attorneys at Pathway Law Firm for a free consultation today to learn about your legal rights.