When a worker gets hurt on the job in California, they often hear about workers’ compensation. This is a system that helps people get medical care and money while they are recovering from their injuries. It is meant to support workers without having to prove who was at fault for the accident. But what many people do not know is that there may be more help available if someone else, outside of their job, had a part in causing the injury. This is where third-party liability claims come into the picture.
Understanding Workers’ Compensation in California
Workers’ compensation is a benefit system for employees who get hurt or sick because of their job. It covers medical care, some lost wages, and disability benefits. It also pays out if the worker cannot return to work or if the injury becomes permanent. The worker does not need to prove that their boss did something wrong. In return, the worker usually cannot sue their boss for more money or damages. That is the trade-off in this no-fault system.
In California, most companies are required by law to have workers’ compensation insurance. If an injury happens at work, the injured person must report it to their employer right away. Then, they can file a workers’ compensation claim. Once the claim is approved, they can start receiving medical treatment and payments, depending on their needs.
What is a Third-Party Liability Claim
Sometimes, someone other than the employer causes the injury. This other person or company is called a third party. For example, if a delivery driver is hit by another driver while dropping off packages, that other driver is the third party. Or, if a machine at work breaks because of a faulty design and someone gets hurt, the company that made the machine could be the third party. In these situations, the injured worker might be able to file a separate claim against that third party to get more money for things workers’ compensation does not cover.
This type of claim is called a third-party liability claim. It is different from workers’ compensation and can be made at the same time. The main difference is that the injured person has to prove the third party was careless or did something wrong to cause the injury. That means showing they were responsible, like in a regular personal injury case.
How a Third-Party Claim Works With Workers’ Compensation
A person who gets hurt at work can have both a workers’ compensation claim and a third-party claim. They are separate, but they often affect each other. Workers’ compensation helps right away, paying for medical care and lost wages. But a third-party claim can take longer because it requires more proof and often goes through court.
If the third-party claim is successful, the injured worker might get money for things workers’ compensation does not pay. This can include full lost wages, pain and suffering, and loss of enjoyment of life. These are important, especially when the injury is serious and changes a person’s life.
But there is something called a lien that needs to be understood. If the workers’ compensation system pays for medical care and the person later gets money from a third-party case, the insurance company may ask to be paid back. This means the person may have to give some of the money from the third-party case back to the workers’ compensation insurance provider. This is called reimbursement, and it is part of the law in California.
Examples of Third-Party Cases
There are many times when a third-party claim can be made along with workers’ compensation. One common case is car accidents while driving for work. If another driver causes the crash, the injured worker may have a claim against them. Another example is when someone slips and falls while working at a client’s location because the floor was unsafe. The person or business that owns the property may be responsible.
Workers who use tools or machines can also face third-party situations. If a machine breaks or a tool fails and it causes harm, the company that made or sold that item may be responsible. Construction workers often face risks from many companies working on the same site. If a worker from one company is hurt because another company did not follow safety rules, a third-party claim may be possible.
Why These Claims Matter
Workers’ compensation is limited. It helps with medical bills and some lost income, but it does not give money for pain, suffering, or full wage loss. It also does not pay for what a person loses emotionally or socially from being hurt. A third-party claim can help make up for those losses. It can also help cover costs when the injury is very serious, such as those that cause long-term pain or stop someone from working ever again.
Filing a third-party claim can also help others. When companies or people are held responsible for their actions, they are more likely to improve safety in the future. That means fewer injuries for other workers down the road.
The Process of Filing a Third-Party Claim
Filing a third-party liability claim takes time and care. First, the injured worker needs to know if someone outside of their job caused or helped cause the injury. This means looking at how the injury happened and who was involved. Then, the worker or their legal team collects evidence, like witness statements, photos, videos, and reports.
Once there is enough information, the claim can be filed. Sometimes this means negotiating with an insurance company. Other times, it means filing a lawsuit in court. The third-party case might settle quickly, or it may take a long time if the other side does not agree on what happened. During this time, the workers’ compensation case can still move forward, helping the injured person get care and some money while they wait.
It is important to keep track of all medical records, time off work, and other losses. This information helps show the full impact of the injury and the amount that should be paid by the third party. A successful case often depends on showing how the injury changed the person’s life.
Time Limits to Know
In California, there are time limits for filing both workers’ compensation claims and third-party claims. For workers’ compensation, the injury should be reported right away, and the claim should be filed within one year. For third-party cases, the time limit is usually two years from the date of the injury. This is called the statute of limitations. If someone waits too long, they might lose the right to file the claim.
It is important to act quickly and keep records of everything. This includes medical visits, conversations with employers, and letters from insurance companies. Staying organized helps protect the injured person’s rights and makes it easier to build a strong case.
Working With Legal Help
Understanding both workers’ compensation and third-party liability claims can be hard, especially when someone is in pain or under stress from missing work. These cases often have many steps and rules that must be followed. It helps to have support from someone who knows how the system works and can guide the injured worker through the process.
When a third-party claim is possible, it can make a big difference in the total amount of help an injured worker receives. Knowing that both claims can be made at the same time is key to not missing out on important compensation.
Next Steps if You Are Hurt at Work
If you were hurt at work and think someone else might have been partly responsible, you may have a right to more than workers’ compensation. It is a good idea to look at all the details of what happened and ask questions about who was involved. Whether it was another driver, a different company, a faulty product, or an unsafe location, there may be a third-party case to explore.
You do not have to figure it out on your own. At The Myers Law Group, APC, we help people who have been hurt at work understand their rights and take action. If you are facing this situation, contact us for a free review of your case. We are here to make sure you get the care and support you need to move forward.