Workers' Compensation

San Diego Workers' Comp Lawyer Answers Frequently Asked Third Party Claim Questions

How is my employer affected by my worker's compensation third party claim?
Worker's compensation third party claims are typically coordinated between your employer's own attorneys, since these claims are to both your advantage and the advantage of your employer. Worker's compensation third party liability statutes typically grant your employer a right to file their own lawsuit if you and your San Diego workers' comp lawyer choose not to do so, but the usual scenario is one where your file a worker's compensation third party action then your employer “intervenes” (participates in) the worker's compensation third party case.

Worker's compensation third party claims are to your employer's advantage because they make the party responsible for the worker's compensation third party claim bear the costs of the claim rather than the employer or the employer's worker's compensation insurer.

What is the statute of limitations for a worker's compensation third party claim?
Worker's compensation third party statutes of limitation (like other statutes of limitation) differ depending on their jurisdiction. There are many special rules and exceptions that apply. Always consult with an experienced San Diego workers' comp lawyer with third party claim experience before making any decision about pursuing (or not pursuing) a worker's compensation third party claim. You should never assume that you have more time, or have run out of time, without first consulting with an experienced workers' comp third party lawyer.

Typically in California you must file your worker's compensation third party complaint with a court of competent jurisdiction within two years of the worker's compensation third party injury (unless certain exceptions, such as the six-month public entity claim statute, or federal claims statutes apply).

However, we cannot stress enough that worker's compensation third party statutes of limitation are complicated and have many rules and exceptions. Don't delay or fail to take action - consult with experienced San Diego workers' comp lawyer Jeffrey R. Frank immediately once you suspect you or someone you know may have suffered a worker's compensation third party injury.