San Diego Workers' Compensation Lawyer-
Workers' Compensation Third Party Claim OverviewWorkers' compensation third party cases arise when an on-the-job accident was caused by someone's negligence other than yourself or a fellow employee of the same business (a “third party”). Your
San Diego workers' compensation lawyer will file your workers' compensation third party case lawsuit in the normal state civil courts. Unlike a regular workers' compensation claim, the damages awarded in a third party case are largely at the discretion of the jury, who may award monies for (among other things) your medical bills, lost wages, future lost wages, and general damages for pain and suffering. Worker's compensation third party cases may also involve multiple defendants, which increases both the dollar amount and chances of your recovery with an experienced
workers' compensation lawyer representing you.
Almost every injury that occurs in the workplace is a worker's compensation claim - your own employer's insurance covers your worker's compensation claim regardless of who was at fault. Where a third party's negligence causes your on the job injury, you might have a third party personal injury case as well - for example, construction workers injured by employees of third party subcontractors, or falls in office buildings caused by negligent third party cleaning services leaving things on stairs. Worker's compensation third party claims often arise from on-the-job accidents on construction sites where separate subcontractors such as electricians, plumbers, roofers carpenters, iron workers, pipe fitters, sheet metal workers, laborers, etc are hired by a general contractor. If a worker is injured due to the negligence of the employee of another subcontractor, an employee of the general contractor, or the negligence of the property owner the injured worker may have a
worker's compensation third party case against that subcontractor, the general contractor, or the owner of the property where the accident occurred. A worker's compensation third party case may result if a worker is injured as a result of defective equipment or tools (ladders, scaffolding, tools, saws, punches, drills). Worker's compensation third party claims may be available where an employee is injured in an automobile accident, truck accident, or other vehicle accident while on the job - in this case, the worker's compensation third party case would be against the negligent driver. Worker's compensation third party claims may also be available where a defective product that injured the worker – the worker's compensation third party claim may be made against the responsible manufacturer or seller of the product. In all of these workers compensation third party cases the worker has his traditional workers compensation claim as well as a third party case against the negligent third party.
