Work Injury and Third-Party Claims
Bakersfield · Kern County, California
Many people hurt on the job are told workers’ compensation is their only option. Often it is not — and the second claim is usually the more valuable one.
Two systems, and they are not the same
An injury at work usually triggers a workers’ compensation claim against your employer’s carrier. That system pays medical treatment and wage benefits but does not pay for pain and suffering, and it applies regardless of who was at fault.
The third-party claim is where the difference is
If someone other than your employer caused the injury — a negligent driver, a contractor on the same site, a property owner, or the maker of defective equipment — a separate personal injury claim may exist against that party. That claim does allow recovery for pain and suffering, and it is the claim we handle.
Common third-party situations
Driving for work and being struck by another motorist; being injured on a multi-employer construction site; falling on premises controlled by another company; and injuries caused by defective tools, machinery, or vehicle components.
The two claims have to be coordinated
The workers’ compensation carrier will generally assert a lien against any third-party recovery. Handling that lien correctly — and negotiating it down where the law permits — directly affects what actually reaches the injured worker at the end.
Workers’ compensation carries its own reporting and filing deadlines, which are short. A third-party personal injury claim generally must be filed within two years of the injury. Because the two systems run on different clocks, both should be reviewed at the same time.