All accidental injuries are painful and upsetting, but suffering a serious accident in the workplace is one of the most distressing ways an injury can occur, leaving the injury victim concerned about their future employment, repercussions in the workplace, and how they’re going to support their families. These mounting anxieties are all in addition to concerns about their physical recovery.
No decision is as important to your future as the way you move forward after a workplace accident in California. Should you file a workers’ compensation claim, or would a third-party liability claim provide a better outcome?
What Types of Injuries are Common in the Workplace?
The workplace is one of the most common places where injuries occur, particularly in high-risk occupations like construction, roofing, transportation, and agriculture. Common injuries include head injuries, fractures, back injuries, neck injuries, burns, soft-tissue injuries, amputations, and electrocutions. Serious injuries prevent a prompt return to work and require expensive medical treatment, sometimes followed by rehabilitation and/or physical therapy. Individuals and entire families may quickly face financial hardship under these circumstances without a successful legal claim for compensation.
What Is a Third-Party Liability Claim in California?
Most workplace injury claims in California are resolved through a California workers’ compensation claim. A successful workers’ compensation claim in Los Angeles covers medical expenses and a portion of the injury victim’s average weekly pay. Workers’ compensation insurance also protects employers from lawsuits except in cases of egregious neglect or intentional harm.
However, when the injury occurs as the result of negligence on the part of a third party rather than a direct employer, the injury victim has the right to file a third-party liability lawsuit against the third party. This is a personal injury lawsuit against a workplace entity that is separate from the employer. Common third parties named in workplace accident lawsuits include contractors, subcontractors, property owners, manufacturers of defective equipment, or negligent drivers in an on-the-job traffic accident. Labor laws in California allow third-party liability lawsuits to recover compensation when that party’s careless, negligent, or reckless actions result in a serious workplace injury. A third-party lawsuit may provide additional benefits that aren’t available in a workers’ compensation claim. For help filing a claim, contact a workplace accident accident lawyer in Los Angeles.
Are There Advantages to Choosing a Third-Party Lawsuit Rather Than Workers’ Compensation?
A successful workers’ compensation claim covers about two-thirds of the injury victim’s standard pay and covers their medical expenses, but workers’ compensation does not allow compensation claims for pain and suffering, or other non-economic damages like disfigurement, loss of limb, or PTSD. Depending on the circumstances of the injury, a third-party liability lawsuit could recover compensation for those non-economic damages in addition to medical expenses and lost wages, substantially increasing the amount of compensation a victim recovers. Compensation from a third-party lawsuit usually comes from that party’s insurance, like property liability insurance in a lawsuit against a negligent landowner who failed to warn or address a construction crew about a known hazard on their property, or auto insurance in a car accident that occurs while an employee drives for a work errand.
Choosing whether to file a workers’ compensation claim or a third-party liability claim for a workplace injury in California is an important decision. A workplace injury lawyer can examine the options available in an individual case and determine the best way forward for the maximum compensation available.
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