Workers’ Compensation Lawyer San Diego, CA

Attorney for Third Party Work Injury Claims

You may be entitled to compensation from other sources

Most employees injured on the job might not realize they may be entitled to receive compensation from a third party. Some clients have asked us: What is a third party claim? In some cases, if some person or company other than your employer is responsible for your injury, you can file a lawsuit against that third party. You may be able to seek damages in court by filing a personal injury lawsuit.

Such claims are filed in addition to your application for workers' compensation benefits. Keep in mind, a worker in most cases can't sue the employer for the injury. The employer pays for workers' compensation insurance to ensure employees are covered in case of accidents.

Here are a few examples of workplace accidents caused by a third party's negligence:

  • A delivery driver is injured in an accident when the driver of a car runs through a red light and crashes into the delivery truck.
  • A worker at a construction site is injured when using equipment that is defective.
  • An employee sent to work for an employer's client slips and falls at the client's place of business.

Robert A. McLaughlin, APC has many years of experience handling both workers' compensation claims and third-party workplace claims. If you've been injured as the result of a workplace accident, he will work to get you the most financial compensation possible.

"What kind of damages can I seek in a third-party claim?"

The benefits available under the workers' compensation system are limited. Generally, they include only the cost of medical care and financial compensation for loss of wages.

But in a third-party claim, an injured employee can seek additional damages. They may include:

  • Past and future medical bills related to the injury
  • Past and future loss of earning related to the injury
  • Loss of enjoyment of life and activities
  • Past and future pain, suffering, emotional distress and inconvenience
  • Any related property damage
  • Other damages

If you believe you were injured at work as the result of a third party's negligence, you need an experienced attorney on your side.

"How can you help with my third party claim?"

Third party cases can be difficult to prove. It needs to be established that the third party was responsible for the accident. And if it is being pursued along with a workers' compensation claim, it makes things more complex.

Fortunately, Robert A. McLaughlin, APC has years of experience in handling third party claims. Our team will conduct our own investigation of the accident. We will identify witnesses and take depositions as needed. We may work with medical and other experts to document the events and make our case.

Third party claims can take a long time to resolve. It takes time to build the case. It can take some time to be heard in courts. And the third party's lawyer will fight and seek to delay legal proceedings. But we will stand by you throughout and won't stop fighting until we come through for you. If we can't get the third party to agree to a reasonable settlement, we will take them on in court.

You pay us nothing until we get results. If you've been injured because of a third party's negligence, contact us to learn how we can help you get financial compensation for your losses.