When you suffer a significant injury at work, it doesn’t usually take long to realize that you will likely face disruption in every area of your life. Medical bills pile up, income stops flowing, and recovery becomes your full-time job. While workers’ compensation provides basic benefits, many injured workers may have additional legal options that could significantly increase their compensation.
At Carcione, Henderson & Markowitz, LLP, our San Mateo work injury lawyers understand the complex interplay between workers’ compensation and third-party liability claims. With over four decades of protecting the rights of injured workers throughout California, we have secured multimillion-dollar recoveries for our clients while helping establish safer industry standards. Call us today or contact us online for a free consultation with one of our aggressive and knowledgeable attorneys.
What Are the Differences Between Third-Party Liability Claims and Workers’ Comp Claims?
Many injured workers don’t realize there’s a crucial difference between workers’ compensation and third-party claims.
- Workers’ compensation claims provide limited benefits regardless of who caused your injury. If you’re asking, “Can I sue my employer for a work injury?” the answer is usually no.
- Third-party liability claims allow you to file a lawsuit against someone other than your employer who contributed to your injury.
While workers’ compensation covers basic medical expenses and partial wage replacement, it doesn’t compensate you for pain and suffering, emotional distress, or the full value of your lost wages. A third-party claim offers the potential for complete compensation when someone other than your employer or co-worker caused or contributed to your injury.
For example, let’s say you drive a delivery truck and you have sustained injuries after another motorist crashed into you. In that scenario, you can receive workers’ compensation benefits and file a third-party claim against the negligent driver. Our San Mateo work injury attorneys can determine whether you have grounds for both types of claims.
What Are the Benefits of Filing a Third-Party Claim?
When successful, a third-party claim can provide substantially more compensation than workers’ compensation alone. You may be entitled to recover the following:
- Full compensation for all past and future medical expenses
- Complete recovery of lost wages, not just the partial benefits workers’ comp provides
- Compensation for pain and suffering
- Damages for emotional distress and mental anguish
- Payment for loss of enjoyment of life
- Potential punitive damages in cases of extreme negligence
Workers’ compensation simply doesn’t offer this level of recovery. At CHM Law Firm, our dedicated attorneys can assess your case to determine whether you qualify for a third-party claim while receiving workers’ compensation benefits.
How Can I Prove Third-Party Liability?
When it comes to how to prove a third party was negligent in your workplace injury case, our attorneys can review your case to establish that you suffered direct and verifiable harm from the party’s action or inaction. Our aggressive legal team can gather and preserve critical evidence to prove this, including the following:
- Accident reports and documentation
- Witness statements and testimonies
- Photographic evidence of the accident scene
- Maintenance records and safety compliance history
- Expert witness testimony
- Medical records linking injuries to the incident
CHM Law Firm has the resources and experience to build compelling cases against third parties, from negligent contractors to manufacturers of defective equipment.
What Are Common Types of Third-Party Work Claims in San Mateo?
While there is virtually no limit to how third parties can cause injuries to workers, some common third-party work injury cases include the following:
- Construction Accidents Involving Third Parties – Construction sites involve numerous contractors, subcontractors, equipment suppliers, and property owners. When any of these third parties creates unsafe conditions or provides faulty equipment, our San Mateo work injury lawyer can help you pursue compensation beyond workers’ comp.
- Car Accidents During Work-Related Travel – If you’re injured in a traffic accident while performing job duties, you may file a third-party claim against the at-fault driver. This applies whether you’re a delivery driver, traveling salesperson, or even simply running a work errand when the collision occurs.
- Slip-and-Fall Accidents on Third-Party Premises – When your job requires visiting other locations, and you’re injured due to dangerous property conditions, the property owner may be liable. Common examples include the following:
- Inadequate lighting
- Cluttered corridors
- Unmarked spill hazards
- Poorly maintained walkways or staircases
- Negligent security
- Workplace Violence by Non-Employees – If a customer, visitor, or other non-employee assaults you at work, you may pursue a third-party claim against that individual or potentially against the property owner if inadequate security contributed to the incident.
What Compensation Could I Pursue in a Third-Party Work Claim?
California allows injured workers to seek three broad categories of compensation in a third-party work claim: economic, non-economic, and punitive.
Economic damages cover tangible financial losses, including the following:
- Current and future medical expenses, including all treatment costs, rehabilitation, therapy, and anticipated future medical needs
- Lost income, including all past and future wages, benefits, and losses of earning capacity
- The repair or replacement costs of personal property damaged in the incident
- Home modifications or prosthetic appliances if your injuries caused permanent disability that requires them
Non-economic damages are more subjective damages. They address your physical and emotional suffering, such as the following:
- Physical discomfort, pain, and suffering
- Emotional distress, including anxiety, depression, PTSD, and other psychological effects
- Loss of enjoyment of life if your injuries have diminished your ability to participate in activities you once enjoyed
- Loss of consortium if the incident has had an adverse impact on your relationship with your spouse
In cases of egregious negligence or intentional misconduct, our dedicated attorneys may pursue punitive damages to punish the wrongdoer and deter similar behavior in the future. These damages are only available if a case goes to trial and are not intended to be compensation for the injured party. However, any award of punitive damages will be included in the compensation the injured party receives after the trial.
What Are Examples of Third Parties in Work-Related Accidents in San Mateo?
A third party can be anyone who is not your employer or an employee of the company you work for. Some of the most common at-fault third parties in work injury cases include the following:
- Independent Contractors – When independent contractors at your workplace create dangerous conditions that cause injury, they may be liable for damages. Unlike your direct employer, these parties don’t have workers’ compensation immunity.
- Property Owners and Managers – If your injury occurs on someone else’s property due to unsafe conditions, the property owner or manager may bear responsibility. Our work injury lawyers in San Mateo can investigate whether proper maintenance and safety measures were neglected.
- Product Manufacturers and Suppliers – Defective tools, machinery, vehicles, or safety equipment cause catastrophic workplace injuries. Manufacturers, distributors, and retailers in the supply chain may be liable through product liability claims, an area where CHM Law Firm has secured numerous multimillion-dollar verdicts.
- Negligent Drivers – When work duties involve driving or road exposure, accidents caused by other motorists can lead to third-party claims against the at-fault driver, separate from your workers’ compensation benefits. These types of claims frequently occur when motorists cause accidents due to distraction, aggressive behavior, fatigue, or driving under the influence.
What Are the Time Limits and Filing Deadlines for Third-Party Work Claims in California?
California’s statutory limitations period for personal injury claims, including third-party work injury cases, is generally two years from the date of injury. However, claims against government entities require filing a formal claim within six months.
These deadlines differ from workers’ compensation timelines, making it critical to consult with a knowledgeable attorney promptly after any workplace injury. If you miss these deadlines, you may forfeit your right to pursue compensation regardless of your case’s strength.
Can I File a Third-Party Claim While Receiving Workers’ Compensation?
You can indeed pursue a third-party claim while receiving workers’ compensation benefits. However, if your third-party claim succeeds, your workers’ compensation insurer may exercise a right to subrogation, meaning they can recover what they paid you from your third-party settlement.
Understanding this often-bewildering relationship between workers’ compensation and third-party claims requires experienced legal guidance. Our San Mateo attorneys can work to maximize your total potential compensation while pursuing these concurrent claims.
Why Choose CHM Law Firm for Your Work Injury Case?
When you choose CHM Law Firm for your third-party work injury claim, you’ll benefit from the following:
- Over 100 years of combined legal experience handling complex injury claims
- A proven track record of multimillion-dollar verdicts and settlements
- Dedicated attorneys who will personally handle your case from start to finish
- No fees unless we recover compensation on your behalf
At CHM Law Firm, we deliberately limit our caseload to give our clients more time, attention, and resources. Our attorneys will take the time to understand how your injuries affect every aspect of your life and your family’s well-being. We pride ourselves on building compelling cases that tell your complete story to insurance companies, judges, and juries.
