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Can third-party cases be filed along with workers' compensation?

California workers who have suffered workplace injuries that have caused a temporary disability naturally experience additional trauma due to their inability to provide financially for their families. Most workers know that they may not file personal lawsuits against their employers and that their only recourse for financial recovery is workers' compensation. This system typically only provides compensation for medical expenses and a percentage of lost wages. However, when workplace injuries were caused by a subcontractor or a driver who is not employed by the same company, third-party cases may be filed.

Employees who drive company vehicles and suffer injuries in accidents that were caused by other parties may have viable third-party claims. Other circumstances that may involve a third party include defective equipment that causes injuries, unsafe premises of a third party, and violations of safety regulations by a subcontractor who works at the same site. Any injury caused by a party not employed by the same company as the injured worker may constitute a viable third-party claim.

Any amount of time off work can be devastating to the financial stability of a worker. Not only are there medical bills to pay, but the lack of income may cause the victim's inability to maintain mortgage or rent payments along with other financial obligations. Viable third-party personal injury claims may be filed in a civil court while also pursuing a workers' compensation claim for benefits.

Some California workers retain the services of the experienced attorneys at English Lloyd & Armenta to guide them through the proceedings of workers' compensation claims. At the same time, one of our experienced workers' compensation attorneys will assess the circumstances of the workplace accident to determine the viability of a third-party claim. Thorough investigations will pave the way for presentations of third-party cases in a civil court to obtain other documented financial losses while the workers' compensation benefits are pursued simultaneously.

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