Workers' Compensation

How A San Diego Workers' Compensation Lawyer Can Help

You should first consider filing a worker's compensation third party claim with your San Diego workers' compensation lawyer. Awards for worker's compensation are strictly limited; often recoveries are only a small percentage of what could be recovered under the normal civil court system. However, a worker's compensation third party case allows you a full range of civil damages including medical bills, lost wages, future lost wages, and general damages for pain and suffering.

Workers' compensation third party cases can be complicated. In order to maximize your recovery, your workers' compensation lawyer will first need to identify all the responsible parties involved in your particular case. Then your lawyer will need to establish the responsible parties’ clear liability in order to avoid the opposing third party claims of employer comparative negligence (or your own comparative fault). Your workers' compensation attorney must also be capable of proving all the usual elements of a third party personal injury case such as, duty, breach of duty and damages (– for more information please refer to Personal Injury). The interest of the worker's compensation insurer must be taken into account as well. They too will seek reimbursement from your worker's comp third party settlement. A workers' compensation attorney experienced with third party claims can often negotiate these reimbursements on favorable terms, many times for a fraction of the amount that the worker's compensation insurer actually paid (depending on the circumstances of your particular case).

Jeffrey R. Frank, a leading workers' compensation lawyer in San Diego has extensive experience in handling worker's compensation third party claims, investigating the liable parties, developing theories of recovery against third parties and negotiating the worker's compensation insurer's liens. If you have been injured on the job, contact our office right away for a free initial consultation with an experienced workers' compensation lawyer regarding your potential workers' compensation third party claim.