You were hurt while on the job, and as such, you may file for workers’ compensation benefits to help you as you recover and move forward — this you already know. Did you also know that in some cases, third-party personal injury claims may be filed in a California civil court following a work-related injury? These are not claims you file against your employer or co-workers, but rather outside individuals or companies.
When to file a third-party claim
There are a number of instances where it is appropriate to pursue a third-party legal claim on top of your workers’ compensation claims. If you suffer injuries in an auto collision while on the job, for example, and the other driver was at fault, you may file claims against that person in an effort to seek compensation. Another example would be if a faulty piece of machinery contributed to your injury. You may seek damages by filing claims against the manufacturer or supplier.
What type of damages are recoverable?
As with any other type of personal injury claim, both economic and non-economic damages may be recoverable. Every case is different, and the damages must be appropriately documented for a court to consider them. A few examples include:
- Lost wages
- Pain and suffering
- Medical costs
- Mental anguish
The list goes on, and as said, is often different for everyone.
Why pursue third-party claims?
Workers’ compensation benefits often fail to cover all of the losses associated with a work-related injury. Pursuing a third-party claim is just one way to seek further relief, which may help tremendously during your recovery. To learn more about this topic and how legal counsel may help you file third-party claims, if appropriate, please take a moment and visit our firm’s website.