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 you will need to file a lawsuit against someone other than your employer, specifically a third party personal injury claim. At Pathway Law Firm, our resourceful attorneys are skilled at reviewing cases, determining all parties responsible for their client’s injuries, and pursuing them for the compensation their clients deserve.
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What Is A Third-Party Work Accident?
Employers in California are required to provide their employees with workman’s compensation insurance coverage. This insurance will provide an employee who 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, leading to a third party personal injury claim.
- If an employee is using a machine to carry out their duties and the machine causes 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.
When referring to “third-party personal injury claims,” it’s necessary to know that these claims are made when a person is harmed as a result of the negligence of a third party other than their employer (in the workplace injury context) or themselves. Some of the most common ones include:
Motor Vehicle Accidents:
These are extremely common. If you’re driving for business and another driver’s carelessness results in an accident, you can make a third-party claim against the other driver. This encompasses car, truck, and motorcycle accidents.
Premises Liability:
If you’re on someone else’s property (a customer’s location, for instance) and are injured as a result of unsafe conditions (slip and falls, etc.), you can make a claim against the property owner.
Product Liability:
If it is defective machinery or equipment that has caused you injury, then you can pursue a claim from the manufacturer, distributor, or seller of that product. This is especially useful in cases of workplace accidents through defective tools or machinery.
Construction Site Accidents:
Construction workplaces tend to involve several contractors. If you get injured through a subcontractor’s (not your employer’s) negligence, then you can seek a third-party claim against him.
Medical Malpractice:
If during the course of receiving medical care for an on-the-job injury, you are injured because of the negligence of the medical staff, a third-party claim can be made against such medical staff.
Does Pursuing a Lawsuit Against a Third-Party Interfere With My Workman’s Compensation Claim?
It is possible that your workman’s 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 workman’s compensation claim as well as a lawsuit against the driver of the vehicle that struck you. If your workman’s 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 workman’s 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, resulting in a third party personal injury claim, you need an attorney who understands the rules and regulations that govern this area of the law. Contact the third-party work attorneys at Pathway Law Firm for a free consultation today to learn about your legal rights.