Third Party Work Injuries - A Guide For Injured Workers in California
CALIFORNIA THIRD PARTY WORK INJURY CASES Truth be known, 98% of all lawyers don't understand third-party work injuries.
If most lawyers don't know -- how are injured workers supposed to know? So I created this Guide to third-party work injuries.
Just like in football, you can't tell the players without a Program.
So, I created a Program.
THE PROGRAM If someone is injured while working, they are termed the "first party".
The employer is the "second party".
The general rule is that an injured employee cannot bring a civil lawsuit against their employer for injuries occurring while they are in the course and scope of their employment.
Instead, worker's compensation benefits are the employee's exclusive remedy against the employer, Employee civil lawsuits against their employers are termed "second-party cases.
" If someone else is legally responsible for the workers' injuries, then the injured worker can pursue civil remedies against this other person and/or entity.
Any person/entity other than the employer that is legally responsible for the employee's damages is termed a third-party.
Generally, a workers' compensation recovery does not preclude a civil suit by the employee against negligent third-party.
An employee's civil lawsuit against persons/entities other than the employer is termed "third-party cases".
NAME - ROLE First Party-You /Injured Worker Second Party-Your Employer Third Party-Any person/entity whom is legally responsible for your/the injured worker's injuries EXAMPLES OF THIRD-PARTY DEFENDANTS A defective product manufacturer.
A automobile accident while you are working caused by someone else.
A construction accident where you were injured by the negligence of another contractor or a sub-contractor.
A slip and fall in a building not owned or controlled by your employer.
WORKERS COMPENSATION LAWYERS ARE NOT THIRD-PARTY CASE SPECIALISTS You need an attorney that specializes in third-party work injuries.
California workers comp lawyers usually don't know how to handle serious injury third-party lawsuits.
You need a California lawyer that specializes in third-party cases.
A third-party work injury lawyer.
If most lawyers don't know -- how are injured workers supposed to know? So I created this Guide to third-party work injuries.
Just like in football, you can't tell the players without a Program.
So, I created a Program.
THE PROGRAM If someone is injured while working, they are termed the "first party".
The employer is the "second party".
The general rule is that an injured employee cannot bring a civil lawsuit against their employer for injuries occurring while they are in the course and scope of their employment.
Instead, worker's compensation benefits are the employee's exclusive remedy against the employer, Employee civil lawsuits against their employers are termed "second-party cases.
" If someone else is legally responsible for the workers' injuries, then the injured worker can pursue civil remedies against this other person and/or entity.
Any person/entity other than the employer that is legally responsible for the employee's damages is termed a third-party.
Generally, a workers' compensation recovery does not preclude a civil suit by the employee against negligent third-party.
An employee's civil lawsuit against persons/entities other than the employer is termed "third-party cases".
NAME - ROLE First Party-You /Injured Worker Second Party-Your Employer Third Party-Any person/entity whom is legally responsible for your/the injured worker's injuries EXAMPLES OF THIRD-PARTY DEFENDANTS A defective product manufacturer.
A automobile accident while you are working caused by someone else.
A construction accident where you were injured by the negligence of another contractor or a sub-contractor.
A slip and fall in a building not owned or controlled by your employer.
WORKERS COMPENSATION LAWYERS ARE NOT THIRD-PARTY CASE SPECIALISTS You need an attorney that specializes in third-party work injuries.
California workers comp lawyers usually don't know how to handle serious injury third-party lawsuits.
You need a California lawyer that specializes in third-party cases.
A third-party work injury lawyer.
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