Suffering a workplace injury can be overwhelming, especially when a third party’s negligence contributed to your accident. How do you file a third-party claim in a workers’ compensation case in California?
You can file a third-party claim by identifying the responsible party, gathering evidence of their negligence, filing a separate personal injury lawsuit, and proving damages beyond what workers’ compensation covers.
With decades of experience helping injured workers, Scher, Bassett & Hames understand the complexities of third-party claims and how they impact workers’ compensation cases. This guide explains when and how to file a claim to maximize your compensation.
What Is a Third-Party Claim in a Workers’ Compensation Case?
How does a third-party claim work in workers’ compensation cases? A third-party claim is a separate legal action against someone other than your employer who contributed to your workplace injury. While workers’ compensation provides medical benefits and wage replacement, it does not cover pain and suffering. A third-party claim allows injured workers to seek additional compensation from at-fault parties, such as:
- Contractors or subcontractors who created unsafe conditions.
- Equipment manufacturers for defective machinery or tools.
- Property owners if hazardous premises contributed to the injury.
- Negligent drivers in work-related car accidents.
Understanding your legal options can significantly increase the compensation you receive after a workplace injury.
Who Qualifies to File a Third-Party Claim in California?
Can any injured worker file a third-party claim? Only workers whose injuries were caused by a negligent third party—not their employer or a coworker—can file a third-party claim.
Examples of Situations That May Qualify:
- A construction worker falls due to a defective scaffold designed by an outside company.
- A delivery driver is injured in a collision caused by a reckless motorist.
- A warehouse worker suffers burns due to a malfunctioning forklift manufactured by a third party.
- A janitor is exposed to hazardous chemicals due to improper labeling by a chemical supplier.
If an external party contributed to your injury, you may have grounds for a personal injury claim alongside your workers’ compensation case.
How to Prove a Third-Party Claim in a Workplace Injury Case
Winning a third-party claim requires proving negligence, which means establishing:
- Duty of Care – The third party had a legal obligation to maintain a safe environment.
- Breach of Duty – They failed to uphold this duty by acting negligently.
- Causation – Their negligence directly caused your workplace injury.
- Damages – You suffered physical, emotional, or financial harm as a result.
Key Evidence to Support Your Claim:
- Accident reports and workplace safety violations.
- Medical records linking the injury to the accident.
- Witness statements from coworkers or bystanders.
- Photos and videos of the accident scene or defective equipment.
- Expert testimony from safety professionals or medical specialists.
Steps to File a Third-Party Claim in California
What is the process for filing a third-party injury lawsuit? To file a third-party claim, you must take the following legal steps:
- Report the Injury – Notify your employer and file a workers’ compensation claim.
- Identify the Third Party – Determine who is responsible for your injuries.
- Gather Evidence – Collect documents, witness statements, and expert opinions.
- Consult a Personal Injury Lawyer – Legal representation is crucial to proving fault.
- File a Personal Injury Lawsuit – Your attorney will initiate a claim against the negligent party.
- Negotiate or Go to Trial – Most cases settle out of court, but some require litigation to recover full damages.
Filing a third-party claim alongside your workers’ compensation claim ensures you receive the maximum compensation possible.
What Compensation Can You Recover in a Third-Party Claim?
Unlike workers’ compensation, a third-party claim allows for additional damages, including:
- Medical expenses (past, present, and future treatment).
- Lost wages and loss of earning capacity.
- Pain and suffering from physical and emotional distress.
- Punitive damages if the third party’s actions were reckless or intentional.
- Property damage if personal belongings were affected.
Workers’ compensation only covers medical costs and partial wage replacement, so filing a third-party claim can significantly increase your financial recovery.
How Does a Third-Party Claim Affect Your Workers’ Compensation Case?
A successful third-party claim can impact your workers’ compensation benefits. California law allows your employer’s workers’ compensation insurer to seek reimbursement from your settlement. This process, called subrogation, prevents double recovery but still allows you to collect additional damages that workers’ compensation does not cover.
Key Considerations:
- If your third-party settlement exceeds your workers’ comp benefits, you keep the remaining balance.
- If your workers’ comp benefits exceed the settlement, you may still receive the full workers’ comp amount.
- An attorney can negotiate to minimize the amount owed back to the insurance company.
Take Action Today – Get the Compensation You Deserve
If a third party contributed to your workplace injury, you may be entitled to compensation beyond workers’ compensation benefits. Don’t leave money on the table—protect your rights and maximize your recovery.
Call Scher, Bassett & Hames today at 408-739-5300 for a free, no-obligation consultation. Our experienced legal team is ready to fight for your compensation.
Resources:
For more information on third-party claims in California, visit:
- California Department of Industrial Relations – Workers’ Compensation Overview
- California Courts – Filing a Personal Injury Lawsuit
- Occupational Safety & Health Administration (OSHA) – Workplace Safety Regulations
- California State Bar – Legal Rights in Workplace Injury Cases
