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Home > Workers’ Compensation > Third-Party Liability Claims

Third-Party Liability Claims Lawyer

Holding negligent parties accountable for your injury

Invictus Law, P.C. helps California’s injured workers pursue claims against parties other than their employers after they have been injured on the job. We represent clients in Riverside and San Bernardino counties and in all Orange County communities, including Orange, Irvine and Santa Ana. Our legal team’s goal is to help you overcome obstacles.

Third-party liability claims

Sometimes a worker sustains an injury through the negligence of a third party. These situations can include:

  • Motor vehicle accidents, such as a car accident while delivering goods that results from defective tires, faulty brakes or some other flaw in the vehicle
  • Products liability accidents, such as the loss of a finger due to a defective machine
  • Premises liability accidents, such as a slip and fall accident on someone else’s property while performing work duties for an employer

Third-party negligence may also be more common among certain vocations and in certain industries.

California labor law allows you or your employer — or both of you — to bring a suit against a negligent third party, including a property owner, auto or auto parts manufacturer, or machinery manufacturer. If you sue a third party, you must give a copy of the complaint to your employer by either personal service or certified mail. And, if your employer sues, you must receive a copy of that complaint by the same means. If both of you sue, you can join together in a single legal action.

Double-dipping is not allowed

You can also pursue workers’ compensation while you pursue a civil suit against a third party. However, state law prohibits “double-dipping.” Employers receive a credit or file a lien for any damages that the employee receives as a result of the third-party suit to compensate the employer for the cost of medical treatment and lost wages. The judge establishes reasonable litigation fees and attorney’s fees and deducts these from the damages awarded.

A workers’ compensation attorney can help you get full and fair compensation

Once we fully understand the nature of your accident and the circumstances surrounding your injury, we can recommend a legal course of action for a third-party suit. We can file your complaint and work with your employer if a consolidated or single suit would be to your advantage. Meanwhile, we can also counsel you about your qualification for disability benefits and how the two actions interplay. Our goal is to ensure that you receive the money you need to recover from your workplace injury.

Contact us now for your free initial consultation about your workplace accident

Invictus Law, P.C. helps injured workers secure full and fair compensation for damages, including medical expenses and lost wages. Call us anytime at 949-287-5711 or use our online contact form to schedule a risk-free, complimentary consultation. We help you understand whether a third party may be liable for your injury. Our firm does not require you to pay any up-front attorney’s fees unless we recover compensation for you.

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