Who is Really Liable for Your Workplace Injuries?

The typical case involving a worker getting injured on the job is one where an employee gets medical treatment paid for by his or her employer, typically through the employer’s workers’ compensation insurance. However, a number of work injury cases are called “third-party claims” because a party who was fully or partially liable for the injury is not the worker’s direct employer.

It is vital to your claim that the right party be made aware of your injury. Failing to inform the correct party about your injury could mean a delay or denial of your medical treatment.

In a typical workers’ compensation case, a worker will automatically receive workers’ comp benefits if it can be proven that the injury was sustained in an accident where an employee was acting within the scope of their employment. In these cases, the employee does not need to prove fault on the part of their employer. Under California law, the employer must pay for medical treatment and lost wages simply because an employee was injured while working.

With a third-party claim, an individual or entity that is not the employer will have caused or partially caused the accident leading to the worker’s injuries. Third-party claims often arise on construction sites where there are numerous companies working within close proximity.

As opposed to a workers’ comp claim, an injured worker must prove fault (also called negligence) in third-party claims. Negligence suits require a successful showing of a duty owed to the injured party, breach of the duty by the entity, causation, and damages. Thus, there is usually more proof required in third-party cases.

Another key distinction is that third-party claims fall into the category of general personal injury suits, so an injured worker may be eligible for increased monetary awards, such as pain and suffering and the full amount of their lost wages.

California workers’ compensation law is highly technical and precise. It is easy for a layperson to not understand the intricacies of this area of law. The good news is that workers are not expected to fully understand these details if they have an attorney working for them.

Our skilled Santa Clara County workers’ comp attorneys will review every aspect of your case and explain to you the facts that will matter the most for your claim. An attorney will also make sure the proper party is held responsible and that you get the medical treatment and wage benefits you are entitled to under the law.

We offer free consultations, so call us today at 408-289-1417 or toll free at 866-433-6797.

• Breese v. Price