Walnut Creek Third-Party Liability Claims Attorney
Third-Party Liability Claims
When an employee suffers a workplace injury, the first solution that may come to their mind is to file for workers' compensation. Though this may be the best choice for them, there is a downside to workers' comp: When an injured employee files a workers' compensation claim, they give up their right to sue their employer in a personal injury claim. Workers' comp can cover medical treatments and related expenses, but the payouts are often not enough to fully account for the injury in question. On the other hand, personal injury cases can yield better settlements, but they are not always available in on-the-job accidents. So, which is the better choice? Well, sometimes the answer is "both."
With more than 60 combined years of experience handling both workers' compensation and personal injury claims, our attorneys have become skilled in identifying and handling third-party liability claims.
Understanding Third-Party Liability Cases
When your employer is not fully responsible for your accident, a third-party liability case may be possible. Also called a crossover case, this kind of lawsuit allows you to collect workers’ compensation and file a personal injury claim – but only if someone besides your employer caused or contributed to your accident. Third-party liability cases usually emerge when the negligence of an individual or entity that is separate from your employer acts or fails to act in a reckless manner. These cases are common in “open” workplaces, like public roadways, and private jobs completed on someone else’s property.
Examples of Third-Party Liability
For example, if your employer sends you to a landscaping job at a stranger’s house, and that stranger’s dog bites you, you may be able to collect workers’ compensation for your injuries and file a personal injury lawsuit to hold the homeowner responsible for their negligence. Dog bites can be deeply traumatic, so a third-party liability claim can be useful in compensating you for noneconomic damages like pain and suffering.
Similarly, if you are a commercial truck driver or behind the wheel of a company car, a drunk driver should still be held legally responsible for their actions if they injure you, even though you are covered by workers’ compensation. Third-party liability frequently comes into play during car accident cases.
Construction sites are another breeding ground for third-party liability claims. Your employer is required to cover you if you get hurt on the job, but the company you work for may not be responsible for all conditions at your place of work. If the individual or entity operating the site does not prevent hazards, for instance, they could be responsible for a slip-and-fall or any other accident you experience. This same principle can apply if you slip and fall at work after a janitorial company cleans the bathroom and fails to put out yellow cones.
Any time your injury happens while you are on the job and is caused by someone other than your employer (a third party), you can file for workers’ comp AND file a third-party liability lawsuit. Get in touch with our attorneys to learn more – or start your claim!
Hire a Third-Party Liability Lawyer in Walnut Creek, CA
Without adequate compensation, you may end up paying for your expensive medical treatment out of pocket, which could result in financial stress or ruin. Don't let this happen to you! Consult with an attorney from The Brand Peters LLP right away. Attorney Jonathan Brand is one of very few attorneys experienced in crossover cases and can provide you with the highest possible chance of obtaining the compensation you deserve through both workers' compensation and personal injury claims.