Third Party Personal Injury Claim

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.

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.

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   Rajat Majumdar 
 1 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I slipped on a wet surface at a retail store and suffered a significant knee injury. What started as what I thought would be a straightforward accident turned into a much more complicated claim. Pathway handled the case against the property owner and helped me pursue compensation for the injury.
  
 
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   Mountain Thunder 
 1 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I was in a car accident almost two years ago, I reached out to Pathway Law Firm for help navigating the process I found myself in. From the beginning they told me their priority was to make sure I got the care I needed regarding my injuries. Pathway has been by my side every step of the way, through multiple surgeries; my team was diligent in their check-ins and touching base with me after every treatment for the sole purpose of seeing how I was feeling during my recovery. My lawyer Jack Jambazian is someone I will always consider a friend, and an individual anyone would be lucky to have fighting in their corner. He was unwavering, professional and efficient in the handling of my case. Day or Night, he always made himself available to me for any question, concern or problem I had. I never felt like a number in a queue or a future check to be cashed. If anything like this were to happen to me or my wife in the future; Pathway Law Firm and specifically Jack Jambazian is who I will call.
  
 
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   Richard Treadway 
 1 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Pathway provided the guidance and reassurance I was missing elsewhere. When I reached out for a second opinion, they treated my case with genuine care and explained everything clearly. I couldn't be more grateful for their expertise.
  
 
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   Abdullahi Kugbayi 
 2 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Someone turned left directly in front of my motorcycle and I ended up needing extensive treatment. The other driver tried to make the accident sound very different from what actually happened. Pathway fought the liability issue and made sure my side of the story was represented.
  
 
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   Samuel Huckabee 
 2 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My accident happened on the highway when an SUV changed lanes into my car. I was already dealing with appointments and repairs when the insurance company started questioning my injuries. Having someone handle that side of the situation took a lot of pressure off me.
  
 
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   Younes Younes 
 3 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I was bitten while delivering a package to a residence and needed medical attention afterward. Pathway dealt with all the issues afterward and pursued the injury claim on my behalf.
  
 
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   ZzZ HP GAMING 
 4 days ago
 
 
 Trustindex verifies that the original source of the review is Google. After my rear-end collision on the 405, I was dealing with a damaged car, physical therapy, and an insurance adjuster pushing for a quick settlement. Once I hired Pathway, I no longer had to deal with those calls and paperwork myself. That made a huge difference while I was recovering.
  
 
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   Mina Kobayashi 
 5 days ago
 
 
 Trustindex verifies that the original source of the review is Google. The entire staff was incredibly welcoming and friendly from my very first phone call. They answered all my questions promptly and thoroughly, and I always felt heard and comfortable throughout the experience.
  
 
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   Phetnakhone SUVANNA 
 5 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I was attacked by a dog while visiting a residential property and suffered injuries to my arm. The circumstances of the attack were investigated, and the owner’s insurance company was handled on my behalf.
  
 
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   Edward Soames 
 6 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I was injured when I tripped over an uneven section of pavement outside a grocery store. The insurance carrier initially offered far less than I believed the injury warranted. Pathway pushed back on the offer and ultimately helped me reach a much better result. I couldn’t be more satisfied with their work.
  
 
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   linus majaliwa 
 8 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My daughter suffered a dog bite that required treatment. We wanted to make sure the incident was properly documented and that her medical needs were taken seriously. Pathway helped us pursue the claim and reach a resolution.
  
 
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   masud rana 
 9 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Recovering from the accident while also dealing with insurance calls felt like too much to handle at once. Once I hired them, all of that communication went through their office instead of me. Took a while to fully resolve, but I always had a clear sense of where things stood along the way.
  
 
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   Riley Payton 
 20 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I fell in a parking garage because of an unsafe surface and ended up needing months of recovery. The accident left me dealing with medical bills and appointments that I never expected. Having Pathway handle the legal stuff helped me focus on getting back on my feet.
  
 
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   Harrison Mason 
 26 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I contacted Pathway after another driver caused a collision that resulted in significant vehicle damage and injuries. The firm took the claim seriously and pushed back against the insurance company, but communication was occasionally slower than I would have preferred.
  
 
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   ************** 
 32 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I contacted Pathway Law Firm after a driver hit my vehicle while making an unsafe left turn. There were a few delays that were outside anyone’s control, but they were committed to my case and got it resolved successfully.
  
 
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   Mariana colombo gonzalez 
 47 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I slipped on a mopped floor at a shopping center with no warning signs and ended up with a fractured wrist. Pathway worked hard to hold the property owner accountable and got what I deserved. I’m so thankful for everything they did.
  
 
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   Elizabeth Andrade 
 51 days ago
 
 
 Trustindex verifies that the original source of the review is Google. One of the best law firms I have the pleasure of working with; they get back to you on time and value your case no matter how big or small. Cecilla and Gisselle are some of the best people who work here; they make sure you feel like you're not alone. They have great communication skills and make every client feel like they have someone in the corner fighting for them.
  
 
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   MICHAEL NARH FIEMAWHLE 
 51 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I was hit by someone who wasn’t paying attention in traffic. Joe and everyone at Pathway made the process so much less stressful. They handled the insurance company and I ended up with a settlement that covered my medical bills and time away from work.
  
 
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   Fazlur Rahman 
 51 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I got into a bad motorcycle accident and was overwhelmed with medical appointments and paperwork. The legal team handled everything with the insurance company so I could focus on healing. Took a lot of weight off my shoulders.
  
 
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   Nahlah Latif 
 52 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I was involved in a freeway accident with multiple cars and liability wasn’t immediately clear. The team at Pathway put together a strong case and stayed persistent until everything was resolved. I really appreciate their hard work.

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.

Third Party Personal Injury Claim​