When Could I File a Third-Party Lawsuit for a Work Accident? You may be able to recover compensation if you suffer injuries during a workplace accident. In many cases, you would seek compensation through California’s workers’ compensation system. You would most likely be unable to file a civil lawsuit against your or a loved one’s employer. However, you may be able to file a lawsuit if a party who is not your employer caused the accident. Scenarios where it may be possible to file a third-party claim include:
- A workplace accident caused by defective equipment, such as scaffolding, nail guns or forklifts.
- A workplace car accident caused by a driver who is not working for your employer.
- A workplace accident caused by a contractor working on the same construction site as your employer.
These are only a few basic examples of scenarios where it might be possible to recover compensation through a third-party claim.
What are the Benefits of a Third-Party Claim?
Workers’ compensation benefits rarely ever provide the full amount of damages resulting from a serious injury. Some injuries may not even be eligible for workers’ compensation benefits. A third-party claim could allow you to recover compensation for the
physical and emotional costs caused by a workplace injury. Therefore, you may recover more compensation than what you could have received with workers’ compensation benefits alone. You may also be able to file a claim if a loved one died in a
workplace accident.
The
Bay Area personal injury lawyers at Golden State Lawyers will help you determine whether it would be possible to file a third-party claim if you or a loved one were harmed in a workplace accident. While our law firm does not take workers’ compensation cases, we do represent clients in third-party lawsuits. You could schedule a free consultation by calling us at (408) 279-4222 or by using our
confidential case review form.
Robert Bohn, Jr.
Attorney
For more than 40 years, the lawyers at Robert Bohn, Jr. has dedicated their practices to personal injury law, representing people who have been injured or damaged due to the negligence or carelessness of others. For most people, handling a personal injury claim can be complicated and stressful.
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