When you’re injured on the job, workers’ compensation is your primary “remedy” for your losses – but partial wage replacement benefits and medical care may not really cover everything. Plus, no provision in workers’ comp will allow you to recover money for your non-economic damages, such as pain and suffering.
Just because you can’t sue your employer, however, doesn’t mean that you can’t bring a personal injury lawsuit against someone else who contributed to your accident and injuries. This is called a third-party claim, and it does not affect your eligibility for workers’ comp.
What Are Some Examples Of Third-Party Claims?
All kinds of situations can give rise to third-party claims after a workplace accident. Consider these:
- Product liability: Imagine that a tool falls apart in your hand or a faulty piece of factory machinery malfunctions while you’re using it. You may have grounds for a claim against the manufacturer or supplier of the equipment.
- Negligent subcontractors: Multiple subcontractors are often involved in large construction projects, and not all of them may be safety-minded. If a subcontractor leaves cords and tools scattered around the floor and you trip and fall, they may be liable for your injuries.
- Premises liability: If your job requires you to inspect or work on someone else’s property, you may be exposed to unsafe conditions, like broken stairs, dog attacks, rotted boards on a porch or more. That can give rise to a premises liability claim.
- Motor vehicle accidents: If you make deliveries for your job or work road construction, you know that there are a lot of really poor drivers out there. If you end up in a wreck with one, they may be liable for your losses.
- Toxic exposure: Hazardous chemicals are commonplace in a lot of industries, but suppliers aren’t always transparent about the risks. If a toxic substance was portrayed as “safe” but you’re injured due to your exposure, you may have a claim against the manufacturer.
Third-party claims can be very complicated, especially if the different parties involved start pointing their fingers at each other or someone else. It takes a clear understanding of the legal options to identify all the liable parties and pursue the compensation you deserve.
about
Scott M. Blumen
Scott M. Blumen, Attorney at Law, APC offers personalized, results-focused legal help for injury and workers’ compensation cases in San Diego.
Frequently Asked Questions
Getting started is easy. If you’ve been injured in a workplace accident, car accident, construction accident, slip and fall, or another incident caused by someone else’s negligence, contact Scott Blumen Law today. Call (619) 439-1837 to discuss your situation and receive an honest assessment of your legal options.
Since 1989, Scott Blumen has helped thousands of injured individuals throughout San Diego. He is known for providing honest legal advice, straightforward communication, and experienced representation in both workers’ compensation and personal injury law. As a Certified Legal Specialist in Workers’ Compensation Law, he offers knowledge that many firms cannot provide.
Many injury cases are resolved through settlement negotiations without going to trial. However, if a fair settlement cannot be reached, Scott Blumen is prepared to advocate for your interests throughout the legal process and pursue the best possible outcome.
Depending on the circumstances, compensation may include medical expenses, lost wages, future medical care, rehabilitation costs, pain and suffering, property damage, and other related losses. Every case is unique, and the available compensation depends on the facts of your claim.
California law places deadlines on filing both personal injury and workers’ compensation claims. Missing these deadlines could affect your ability to recover compensation. Contact Scott Blumen as soon as possible after an accident to discuss the time limits that apply to your case.
Yes, in certain situations. While workers’ compensation covers most work-related injuries, you may also have a separate personal injury claim if a negligent third party contributed to your accident, such as a contractor, equipment manufacturer, or another driver. Scott Blumen has experience handling cases involving both types of claims.
Although you are not legally required to hire an attorney, having experienced legal representation can be extremely beneficial if your claim is delayed, denied, your benefits are disputed, or your injury is serious. Scott Blumen is a Certified Legal Specialist in California Workers’ Compensation Law and has over 30 years of experience helping injured workers.
Your health should always come first. Seek medical attention as soon as possible, report the accident if appropriate, gather photos and witness information when possible, and avoid discussing fault with insurance companies before speaking with an attorney. Prompt legal guidance can help protect your rights.
Scott Blumen represents clients in a variety of injury-related matters, including:
- Workers’ compensation claims
- Personal injury cases
- Car accidents
- Construction accidents
- Slip and fall injuries
- Dog bites and animal attacks
- Motorcycle, bicycle, and pedestrian accidents
- Brain injuries
- Wrongful death cases
- Product liability claims
Most personal injury and workers’ compensation cases are handled on a contingency fee basis. This means you generally do not pay attorney fees unless compensation is recovered on your behalf. During your consultation, Scott Blumen can explain how fees apply to your specific case.
The value of a case depends on many factors, including the severity of your injuries, medical expenses, lost income, future treatment needs, and how the injury has affected your daily life. Scott Blumen provides straightforward, honest assessments rather than unrealistic promises so you know what to realistically expect.
If you were injured because of someone else’s negligence or suffered an injury while performing your job, you may have a valid legal claim. Every situation is different, so the best way to determine your options is through a consultation. Call Scott Blumen Law at (619) 439-1837 to discuss your case and receive an honest evaluation.
