Can I File a Workplace Accident Claim If I Have Already Filed for Workers' Compensation?

Accidents occur in the workplace for a variety of reasons. Maybe your employer failed to test the machinery you use and in doing so, failed to prevent an accident that resulted in a serious injury. Maybe a vendor came to your workplace and during their time on the premises, acted in a negligent or reckless manner that resulted in a worker's injury. There is one key difference between these two examples: the party whose negligence caused the victim's injury. In the second scenario, the negligent party was a party other than the victim's employer, which is also known as a third party. In this scenario, the victim has the option of filing a workplace accident claim with the negligent party's insurance provider to seek compensation for his or her damages associated with the injury.

If you are injured in your workplace while you are performing your job duties, you have the right to file a workers' compensation claim to seek reimbursement for your lost wages and certain other expenses related to your injury. What you might not realize is that if you are injured by a third party while performing your job, you can file both a workers' compensation claim and a workplace accident claim.

In a scenario where you are entitled to file a workplace accident claim as well as a workers' compensation claim, the workplace accident claim is known as a third party claim. Why should you file a third party claim if you are already seeking workers' compensation? Because you can seek compensation for certain damages with a third party claim that you cannot receive with a workers' compensation claim, such as compensation for your pain and suffering. You can also potentially receive a much larger settlement through a third party claim than you would receive from workers' compensation, which can fill in any monetary gaps left by your workers' compensation payments.

Your workplace accident claim will likely take much longer to resolve than your workers' compensation claim. Unlike your workers' compensation claim, you will also need to prove the negligent party's fault in your workplace accident claim.

If you were injured at work due to a third party's negligence, you can file a workplace accident claim to seek monetary compensation for your damages even if you have already filed a claim through your company's workers' compensation policy. Both of these options are available to you, and both can be utilized to ensure that all of your expenses during and after your recovery are met. To learn more about the workplace accident claim aspect of such a scenario, schedule your initial legal consultation with our team of experienced San Jose workplace accident attorneys at Corsiglia, McMahon & Allard, L.L.P. We proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County.

• Workers' Compensation Appeals Board (WCAB)
• Negligence