Why Should I File a Third Party Claim After a Workplace Accident?

When you are injured on the job, the first thing you might think to do is file a workers' compensation claim with your employer. This is often your right and, in many cases, a great option for recovering damages after an accident. But what if your accident was caused by a third party? Can this party also be found responsible for your injuries, even if the injuries occurred while you were at work?

Yes, they can. More than one party may be found to be responsible for your injury and when this is the case, you may be entitled to file more than one claim for monetary compensation. Your claim against the third party is known as a third party liability claim. It is completely separate from your workers' compensation claim, which can often result in insufficient coverage for your needs after an accident.

Third party liability insurance is a type of insurance that is purchased by the insured (the first party) from an insurance carrier (the second party) to cover damages caused by other parties who might or might not have insurance of their own (third party). This type of coverage is often purchased by a company to protect itself in the event of injuries sustained by non-employees, such as vendors, customers, or contractors.

The following include examples that may lead to third party liability claims:

• If you are involved in a car accident while working and the other driver is at fault for the accident;
• If you are injured in your workplace because of a faulty or defective piece of equipment;
• If other companies are also present at your worksite and another company's employee somehow causes your accident; or
• If your injury was caused by a hazard on a poorly-maintained piece of property where you were performing your job.

A third party liability claim does not replace a workers' compensation claim. Instead, it supplements it. A settlement through a workers' compensation claim can be used to cover your medical bills and lost wages, but it can not be used for less tangible needs following your accident, like burns, scarring, and issues related to decreased mobility. This is where the settlement from your third party claim becomes necessary.

If you have been injured at work and a third party is at fault, contact our team of experienced San Jose workplace injury attorneys at Corsiglia, McMahon, & Allard, L.L.P. today to schedule your free consultation with our firm. We proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County. We can determine who is negligent in your case and develop a legal strategy that fits your needs. Do not wait to begin working on your claim with our firm.