If you’ve been injured on the job in California, workers’ compensation is designed to cover your medical expenses and lost wages. However, if a third party contributed to your injury, you may be able to file a third-party claim in addition to your workers’ compensation benefits.
What is a third-party claim?
A third-party claim is a separate legal action against someone other than your employer or a coworker who may be responsible for your workplace injury. For example, if a defective piece of equipment caused your injury, you might file a claim against the manufacturer. Similarly, if a negligent driver injured you while you were performing work duties, you could pursue a claim against that driver.
How do third-party claims differ from workers’ compensation?
Workers’ compensation benefits cover medical expenses, lost wages, and rehabilitation costs, regardless of fault. Third-party claims, on the other hand, allow you to seek additional compensation, such as for pain and suffering or long-term loss of earning capacity. These claims require proving that the third party was negligent or directly caused your injury.
Can you file both claims?
Yes, you can pursue a third-party claim while receiving workers’ compensation benefits. However, there are rules about how the two types of compensation interact. If you win a third-party claim, your workers’ compensation insurer may have a lien on the settlement to recover some of the benefits they’ve paid.
What types of incidents lead to third-party claims?
Common situations include injuries caused by defective products, accidents involving subcontractors, or harm resulting from negligent property owners. If someone other than your employer or a coworker contributed to your injury, you may have grounds for a third-party claim.
Understanding third-party claims and workers’ compensation can help you maximize your recovery after a workplace injury. By knowing your options and how these claims work together, you can better protect your rights and financial stability during your recovery journey.