Third Party Injury Claims and Workers Compensation Lawsuits in Los Angeles

Third Party Injury Claims and Workers Compensation Lawsuits in Los Angeles
7 Critical Facts About Third-Party Workplace Injury Lawsuits and Workers Compensation in Los Angeles
When you suffer a work injury in Los Angeles, filing a workers compensation claim is usually the first action to receive benefits for medical bills and a portion of lost wages. However, a third party claim can be a powerful, separate legal action that may allow you to receive full compensation for all your damages. This case type is complex, and understanding when and how to pursue it is essential. The attorneys at Eisenberg Law Group PC help injured workers in Los Angeles navigate both workers comp and third party suit options to maximize their recovery.
What is a Third-Party Workplace Injury Claim in California?
A third party claim arises when someone other than your employer or a coworker is at fault for your workplace accident. While workers compensation is a no- fault system, a third party suit is based on proving negligence. This separate personal injury case can be filed against entities like a general contractor on a job site, the manufacturer of defective equipment, or the driver of an auto involved in a work-related collision.
How Does a Third-Party Case Differ From a Standard Workers Comp Claim?
The differences are significant and dictate the compensation you may receive. A workers comp claim provides limited benefits like medical treatment and temporary disability payments, but it does not cover pain and suffering or full lost wages. A third party suit seeks broader damages, including full lost wages, future earning capacity, pain and suffering, and permanent disability. This is why exploring a third party action is crucial for serious injuries.
What Are Common Examples of Third-Party Workplace Injury Cases?
Many on the job accidents have potential third party defendants. Construction workers might have a suit against a negligent subcontractor or a tool manufacturer. Drivers injured in a crash caused by another motorist can file a third party claim. Employees harmed by toxic substances could pursue a party suit against the chemical maker. The legal team at Eisenberg Law Group PC investigates every work injury to identify all liable parties.
Can You Receive Double Compensation From Both a Claim and a Lawsuit?
You cannot receive double recovery for the same specific loss, but you can also collect from both systems. This is called coordination of benefits. Typically, any recovery from your third party case must reimburse the workers compensation insurer for what they paid. However, a skilled attorney can structure settlements to maximize your final compensation. The goal is to ensure you are fully compensated for all past and future losses.
Why is Legal Representation Vital for a Third-Party Injury Lawsuit?
These cases involve intricate law and aggressive opposition from insurance companies. An experienced Los Angeles work injury law firm like Eisenberg Law Group PC will gather evidence, handle all legal filings, negotiate with defendants, and, if necessary, take your case to trial. They work on a contingency fee basis, meaning you pay no attorney fees unless they win compensation for you.
What is the Process for Filing a Third-Party Injury Claim in Los Angeles?
The process requires strategic steps. First, you must file your workers comp claim to secure immediate benefits. Concurrently, your attorney will investigate the accident to identify the third party. They https://local.gocommercially.com/los-angeles-ca/business/eisenberg-law-group-pc will then file a personal injury complaint against that entity. Critical steps include preserving evidence, obtaining a copy of all medical records, and calculating all damages. The skilled team at Eisenberg Law Group PC manages this entire process to protect your rights.
How Can Eisenberg Law Group PC Help With Your Work Injury Case?
Eisenberg Law Group PC brings deep experience in both workers compensation and third party personal injury law. They understand how to build a strong case that addresses the full scope of your injuries, from immediate medical needs to long term disability. Their goal is to secure the maximum possible recovery so you can focus on your health and future.
What Are the Risks of Not Exploring a Third-Party Claim?
The primary risk is leaving significant compensation on the table. Relying solely on workers comp often means you will not be made whole for the true cost of your injury, especially in cases involving severe or permanent harm. Without a third party suit, you cannot recover for pain and suffering or the full value of your lost wages. Consulting a law firm that evaluates both avenues is the single best way to ensure you get all the help you are entitled to.
Frequently Asked Questions About Workplace Injury Law
How long do I have to file a third-party lawsuit for a workplace injury?
In California, the statute of limitations for a personal injury third party suit is generally two years from the date of the accident. This differs from the workers comp filing deadline, making prompt legal consultation imperative.
What if my workers' comp doctor says I can return to work, but I'm still injured?
This common dispute underscores the need for independent medical evaluation often supported in a third party case. A third party claim can help secure compensation for ongoing disability that the workers comp system may deny.
Where can I find cited research on workplace injury trends?
Important studies, such as the 2022 report "The State of the California Workers’ Compensation System" by researchers like Amanda Fine at the Department of Industrial Relations, provide valuable data on injury causes and outcomes, informing legal strategies.
If you or a loved one has been injured at work in Los Angeles and believe another party's negligence was involved, call Eisenberg Law Group PC for a consultation. Their attorneys will review your case, explain your rights, and fight to get you the complete compensation you deserve.
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Company: Eisenberg Law Group PC
Address: 811 Wilshire Blvd #1720, Los Angeles, CA 90017
Phone: (213) 616-5353