Riverside Workplace Injury Lawyers For Your Third-Party Liability Claim
If you’ve been injured at work because of someone else’s negligence, you could have several different avenues for compensation. While you are typically guaranteed workers’ compensation benefits after a workplace accident, you may or may not be eligible for additional damages. If your accident was caused by someone other than your boss or a co-worker, you might be able to recover significantly more than the workers’ comp benefits you can collect.
In applicable cases, the third-party liability lawyers at Ochoa & Calderón will investigate the circumstances of your workplace accident, gather the best evidence, negotiate with defendants and insurance companies, and fight for your right to full recovery for the harm you have suffered. If you or someone you love has been injured by a third party at work in Southern California, our Southern California personal injury legal team is ready to help.
What is a Third-Party Liability Claim?
When you are injured at work, you are entitled to collect workers’ compensation. Workers’ comp benefits include your medical costs, a portion of your income lost during your recovery, and certain other benefits. Workers’ comp is meant to be your exclusive remedy against your employer. That means that, outside of very limited circumstances, you cannot sue your employer after a workplace injury.
A third-party liability claim, however, is a claim that involves someone other than your employer–meaning someone besides a supervisor or co-worker. Third-party liability claims come into play when you were injured at work, but the accident was caused by someone outside your company. For example, if you were on a work-related delivery and you were hit by a negligent driver, you are still eligible to collect workers’ comp benefits. You can also, however, bring a standard personal injury claim against the at-fault driver. That driver is the “third party.”
The Benefits of Third-Party Liability Claims
Workers’ comp is an important and useful remedy for workplace accidents. You can collect benefits starting almost immediately after an accident, and you do not need to prove negligence or fault; so long as the injury occurred at work or during the course of work-related duties, you can receive compensation. There are, however, limitations.
Workers’ comp is limited to certain types of benefits. You can recover for your medical costs, two-thirds of your lost wages, and other items such as job displacement and retraining benefits. You cannot recover compensation for additional damages caused by your injuries such as pain and suffering, emotional distress, or loss of life enjoyment. Additionally, you’ll only get a part of your lost wages.
A third-party liability claim, on the other hand, is just like any other personal injury claim. You can recover the full amount of lost wages plus all manner of non-economic damages like pain and suffering or psychological harm caused by disfigurement or loss of companionship. You might also be able to recover punitive damages. You will need to prove liability, such as by demonstrating negligence and causation (e.g., a drunk driver hit your car), but your potential recovery is significantly greater. A seasoned workplace injury lawyer can walk you through your rights under workers’ comp and third-party liability claims in order to maximize your potential compensation.
Whom Can You Sue in a Third-Party Claim?
A third-party liability claim covers anyone who does not work for your company. If you were injured at work and it was caused by your supervisor, your co-worker, or even your own mistake, you can recover workers’ comp. If you were hurt by another party, you can seek third-party liability.
Third-party liability claims are commonly based on the actions of contractors, equipment manufacturers, and negligent drivers. If you have to leave work on a job-related task, and you are hit by a negligent driver, you have a third-party liability claim. If you were injured because of a malfunctioning piece of equipment–such as faulty safety goggles, a machine fire, or poorly insulated wiring–you might have a third-party claim for product liability. If you were hurt because a third-party contractor loaded your truck improperly, you could have a claim against that contractor.
Your case turns on whose conduct caused the accident that injured you. Work with an experienced third-party liability attorney to investigate the circumstances of your injury and determine who can be held liable.
Call a Riverside Third-Party Claim Lawyer Today
If you’ve been hurt due to a third party’s negligence while at work in Southern California, call Ochoa & Calderón for a free consultation on your claims. We only charge a fee after we are successful in recovering compensation for you. No recovery, no fee.