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