A workplace injury does not always involve only an employee and employer. If another person, company, or organization played a role in causing an accident, injured workers may ask, “Can you sue a third party for a work injury in California?” In some cases, the answer is yes.
Although workers’ comp provides benefits for many job-related injuries, some accidents create additional legal claims against third parties. Understanding the difference is important in evaluating the full scope of available recovery.
Hire a Workers’ Compensation Lawyer
English Lloyd & Armenta has focused on workplace injuries, workers’ compensation issues, and employment law disputes for over 30 years. Operating out of Rancho Mirage, English Lloyd & Armenta counsels and represents California employees in numerous workplace matters including injury claims, benefits denials, and employment disputes.
Our attorneys have decades of experience handling workers’ compensation claims and employment law matters throughout California. English Lloyd & Armenta represents employees in the Coachella Valley and throughout the Inland Empire.
What Is a Third-Party Work Injury Claim?
A third-party work injury claim occurs when someone other than an employer or co-worker is responsible for a workplace accident. Workers’ compensation benefits may cover an employee who has been injured on the job, but California law generally prevents employees from suing their employers for workplace injuries covered by workers’ compensation.
That limitation does not usually extend to third parties whose actions caused or contributed to the injury. A third-party claim is a separate legal claim that might be filed against another person, company, or organization. These types of claims often occur when a workplace accident involves a negligent driver, property owner, contractor, or defective product.
Who Can Be Held Liable for a Workplace Injury?
There are various third parties that could be liable for a workplace injury, depending on the circumstances that led to the accident. A property owner, for instance, could be liable if a dangerous condition on their property was responsible for an injury, and a contractor or subcontractor on a shared jobsite could be held liable for their role in the accident.
Manufacturers and distributors may also be at fault when defective equipment, machinery, or products contribute to a worker being injured. Negligent motorists can also sometimes be held liable for accidents with employees who are driving or working near a roadway as part of their job.
What Compensation May Be Available Through a Third-Party Legal Claim?
Third-party legal claims may allow an injured worker to recover damages that are not available under California’s workers’ compensation system. An injured worker may be entitled to compensation for medical expenses, lost income, future lost earning capacity, and other financial losses, depending on the circumstances.
A third-party claim may also allow an injured worker to recover for pain and suffering and other non-economic losses. The damages available in a particular case depend on the facts of the accident, the nature of the injuries, and the legal theories on which the case against the third party can be based.
How Do Third-Party Claims and Workers’ Compensation Claims Work Together?
A third-party claim and a workers’ compensation claim are two distinct legal actions, though they can stem from the same workplace accident. In California, Labor Code § 3852 allows an injured employee to file a claim against third parties whose negligence caused a work-related injury.
In some cases, an injured worker may be eligible to collect workers’ compensation benefits and file a claim against a responsible third party. Additional legal issues can arise when a third-party recovery is obtained, including reimbursement rights and liens based on workers’ compensation benefits that have already been paid. It is important to understand how these claims may interact with each other when considering your legal options.
FAQs
What Is the Time Limit for Filing a Third-Party Work Injury Legal Claim in California?
In California, the statute of limitations for a third-party work injury claim is generally two years from the date of the injury to file a personal injury legal claim against a responsible third party. Exceptions may apply, depending on the facts and parties involved. Filing deadlines can impact a worker’s ability to seek compensation in the civil court system, so understanding the applicable deadline is important.
How Common Are Workplace Injuries in California?
California private industry employers reported 344,500 nonfatal workplace injury and illness cases in 2024, according to the U.S. Bureau of Labor Statistics. The agency further noted that 224,100 of these incidents resulted in time off, a change in duties, or limitations on work during their recovery period.
Workplace accidents can happen in all types of industries and occupations, including construction, transportation, warehousing, manufacturing, agriculture, retail, services, healthcare, hospitality, and office work.
Where Are Third-Party Work Injury Legal Claims Filed Near Rancho Mirage?
Third-party injury claims for accidents in the Rancho Mirage area are normally brought in California’s civil court system, instead of the workers’ compensation system. Depending on the circumstances of the case, claims may be filed in the appropriate division of the Riverside County Superior Court.
Workers’ compensation claims are adjudicated separately through an administrative process, rather than through the civil courts. In general, third-party claims follow different procedures, have different deadlines, and types of recoverable damages.
How Serious Are Workplace Fatalities in California?
Serious injuries, even death, can be the outcome of workplace incidents. In 2024, 419 workers were killed as a result of occupational injuries in California. Of those fatalities, 114 resulted from transportation incidents, making transportation incidents the leading cause of workplace deaths in California that year. These statistics reveal the risks that workers in numerous industries face and highlight the need to be aware of all legal options available after a serious workplace accident.
Contact a California Workers’ Compensation Attorney
Not every workplace injury results in only a workers’ compensation claim. When another individual or business played a role in the accident, there may be other legal remedies available through a third-party legal claim.
It is important for injured workers to understand the difference between the two types of claims, the compensation that may be available through each, and the deadlines that apply. English Lloyd & Armenta manages workers’ compensation and employment-related cases across California and works with clients involved in a variety of workplace injuries. Schedule a consultation to hire a workers’ compensation lawyer today.
