When Can a Third-Party Injury Claim Replace Workers’ Comp?

A third-party injury claim can replace workers’ comp when an injury occurs because of the third party’s negligence. If the injury happens in the regular course of work, then workers’ compensation insurance will generally cover losses.

A personal injury lawyer can help you determine your eligibility to pursue a third-party injury claim. If you are, they will seek the compensation you deserve on your behalf. Call KJT Law Group today at (818) 507-8525 to learn more in a free consultation.

How a Lawyer Knows If Third-Party Negligence Caused You Harm

Negligence is a key feature of every personal injury claim. As our team reviews topics related to your claim, we will explain whether and how a third party’s negligence caused you harm if:

1. The third party owed you a duty of care: A duty of care requires that someone act as a reasonable person would in the same situation. For example, the manufacturer of safety equipment for construction workers would need to put its equipment through extensive product testing before selling it.
2. The third party breached their duty of care: If the third party acted in some unreasonable manner, they might have breached their duty of care to you.
3. The third party’s breach of duty of care caused you harm: If the third party’s breach of their duty of care caused you to suffer harm (such as an injury or illness), our team will work to prove the link.
4. You have suffered damages because of the third party’s breach of duty of care: We will explain the damages you have suffered because of the third party’s harmful breach of their duty of care.

Once we have details about your accident, a personal injury lawyer from our team will include them in this framework. Then, you may better understand how a third party’s negligence contributed to the harm you’ve suffered.

Examples of Third-Party Negligence That May Warrant a Third-Party Injury Claim

The types of third-party negligence you’re exposed to depend on the industry you work  in. Some common forms of third-party negligence that may affect workers include:

• Producing dangerous products: Manufacturers of products that workers use can be liable when those products prove dangerous. From motor vehicles to kitchen equipment for restaurant workers, defective products are the focus of many third-party injury claims.
• Failing to warn about the dangers of products: If a product is or could be dangerous when used improperly, manufacturers have a duty to warn consumers, including workers.
• Doing shoddy work: If a third party’s poor work contributes to an injury, they may be responsible for the resulting harm. For example, if a third-party contractor improperly installed electrical components and caused a construction worker to suffer electrocution, the third-party contractor may be liable.
• Exposing others to toxic materials: Those who dispose of or store toxic material in a way that endangers workers may be liable for resulting illnesses.

Our team will review the details of your case and determine if you’re eligible to pursue a third-party injury claim.

There are many cases where work-related injuries may, at first, seem like routine accidents that fall under the workers’ compensation umbrella. However, upon further inspection, we may find that a third-party injury claim can replace workers’ compensation because of a third party’s negligence.

Workers’ Compensation Provides Valuable Benefits for Injured and Sick Workers

Even if you are not eligible for a third-party injury claim, you may deserve substantial benefits through workers’ compensation insurance. Our workers’ compensation attorneys can help you with any workers’ comp claim you want to pursue, and you may receive benefits covering:

• Emergency treatment
• Long-term medical care
• A percentage of lost income
• Vocational rehabilitation

The California Employment Development Department (EDD) explains that workers’ comp benefits may be available to both sick and injured workers in the state. California has some of the most robust employee protections in the country, and our team will help you exercise your right to fair workers’ compensation benefits.

Why Might a Worker Pursue a Third-Party Injury Claim Rather Than a Workers’ Compensation Claim?

There are several reasons why you may pursue a third-party injury claim, including:

• You do not qualify for workers’ compensation insurance: Your employer’s workers’ comp insurer may not be financially liable for a third party’s negligence. Therefore, a third-party injury claim may be your only option for seeking compensation for a work-related injury or illness.
• There are no caps or limitations on third-party injury claims: Workers’ compensation claims may be subject to rules, such as limits on the amount of lost income you can recover. Third-party injury claims do not generally have such built-in limitations on the damages you can seek compensation for.

You may simply need financial help after a work-related injury or illness, and a third-party personal injury claim may be the clearest option for seeking the compensation you deserve.

Should I Hire a Lawyer for a Third-Party Injury Claim or Workers’ Compensation Claim?

There may be several benefits to hiring a lawyer for a workers’ comp or third-party claim, including:

• The lawyer handling every step of the claims process, which will allow you to focus on your health and recovery
• The experience-based advice the lawyer provides, which may ensure you’re seeking compensation in the manner that is most likely to succeed
• The law firm’s financial resources, which may allow your lawyer to hire experts and take other steps to strengthen your case

Injured and sick workers may lack the energy, knowledge, or clarity of mind to lead their claim. You can hire a lawyer to take the important claims process out of your hands.

Call KJT Law Group Today for a Free Consultation About Your Third-Party Injury Claim

We help workers in California when work-related circumstances cause injury or illness. KJT Law Group employs several lawyers who frequently represent workers, and we will fight for the compensation you deserve.

Call KJT Law Group today at (818) 507-8525 for your free consultation.