How to Identify All Liable Parties After a Work-Related Accident
When you’re injured at work, your first thought is usually workers’ compensation — and that’s understandable. But not every workplace accident is limited to workers’ comp benefits.
In many cases, someone outside your employer — a third party — contributed to your injury. When that happens, you may be entitled to both a workers’ compensation claim and a personal injury lawsuit against that third party.
At WIN Trial Lawyers and Employees First Labor Law (EFLL), we routinely handle these crossover cases to help clients recover full compensation from all responsible parties.
Workers’ Comp vs. Third-Party Liability
Workers’ compensation is a no-fault system. You’re entitled to benefits even if your employer wasn’t negligent — but you’re also limited to:
- Medical treatment
- Partial wage replacement
- Permanent disability benefits
You cannot sue your employer for negligence.
However, if someone else’s negligence contributed to your injury, you can file a separate civil lawsuit against that person or company for full damages, including:
- Pain and suffering
- Emotional distress
- Future lost earnings
- Loss of enjoyment of life
- Out-of-pocket expenses
This second claim is your third-party liability case.
Who Qualifies as a Third Party?
A “third party” is any person or entity other than your direct employer or a co-worker whose negligence contributed to your injury.
Common examples include:
- Subcontractors or general contractors on a shared jobsite
- Property owners who failed to maintain safe premises
- Equipment or machinery manufacturers that produced defective tools or vehicles
- Drivers who caused a work-related car accident
- Maintenance or cleaning companies that created unsafe conditions
- Security or staffing agencies that mishandled supervision or safety
If your injury involved multiple companies or vendors, chances are one of them may be legally liable as a third party.
Examples of Third-Party Workplace Accidents
- Construction Site Fall Due to Faulty Scaffolding
→ Workers’ comp through your employer covers medical care and partial wages.
→ Product liability claim against the scaffold manufacturer or installing subcontractor covers pain, suffering, and future wage loss. - Delivery Driver Hit by Another Vehicle
→ Workers’ comp provides benefits.
→ Personal injury claim against the at-fault driver provides general damages and full income recovery. - Office Worker Injured by a Building Maintenance Contractor
→ Workers’ comp pays initial benefits.
→ Civil claim against the janitorial or maintenance company covers emotional distress and long-term losses. - Warehouse Employee Injured by Defective Forklift
→ Workers’ comp covers immediate needs.
→ Third-party product liability claim against the equipment manufacturer provides broader recovery.
Why Filing Both Claims Matters
Workers’ comp benefits help stabilize you financially after an injury — but they’re often limited and temporary. A third-party lawsuit allows you to pursue complete compensation, including:
- Pain and suffering
- Emotional trauma
- Loss of future earning capacity
- Full wage loss
- Property damage (e.g., vehicle, tools, or equipment)
Together, these claims create a comprehensive path to full recovery.
How WIN × EFLL Handle Dual Cases
Managing both a workers’ comp claim and a third-party civil case requires precise coordination.
At WIN Trial Lawyers × EFLL, we operate as one integrated team:
- Workers’ comp attorneys protect your benefits and medical treatment.
- Personal injury attorneys pursue all negligent third parties.
- Joint negotiation strategy ensures lien reductions and optimal settlement timing.
- Unified client communication avoids conflicts and confusion.
Our collaboration means nothing falls through the cracks — and no defendant escapes accountability.
Deadlines for Third-Party Claims
In California:
- Workers’ Comp Claim: File within 1 year of injury after notifying your employer within 30 days.
- Third-Party Lawsuit: File within 2 years of the accident (or 6 months if a public entity is involved).
These deadlines run independently, so missing one can eliminate your right to recover from a third party — even if your workers’ comp claim is still active.
Legal Framework: Labor Code §§ 3850–3860
California law explicitly allows:
- Employees to sue negligent third parties, even after receiving workers’ comp.
- Employers and insurers to assert reimbursement liens (which we negotiate down).
- Coordination of both cases under one unified strategy.
Our firm has extensive experience litigating under these statutes to ensure injured workers maximize their net recovery.
Who We Represent
We handle third-party workplace injury cases for:
- Construction and warehouse workers
- Delivery and transportation employees
- Healthcare professionals
- Field technicians and contractors
- Union and temporary laborers
If someone other than your employer caused your injury, we’ll find them — and hold them accountable.
Call WIN Trial Lawyers × Employees First Labor Law
🌐 wintriallawyers.com | employeesfirstlaborlaw.com
Our combined team understands how to pursue both claims efficiently and strategically — ensuring that every liable party pays what they owe.
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