What is the difference between a workers' compensation claim and a third-party liability claim?
The difference between a workers’ compensation claim and a third-party liability claim in the state of California is based on who is responsible for the industrial accident. A workers’ compensation claim is a type of insurance provided by the employer, which covers medical costs and lost wages resulting from an industrial accident. This is regardless of who is at fault for the accident; the employer is held accountable. A third-party liability claim, on the other hand, is a claim filed against someone other than the employer who was responsible for the industrial accident. This is often a supplier, manufacture, or contractor that supplied faulty materials or equipment, or did not ensure a safe work environment. In this case, the person or entity responsible can be held legally responsible, and a lawsuit can be filed to pursue compensation for damages and losses caused by the accident. To determine whether a workers’ compensation claim or a third-party liability claim is best, it is important to identify who is responsible for the industrial accident, and if the employer or a third-party is at fault. In California, it is also important to abide by the state’s workers’ compensation laws that protect workers’ rights and provide them with legal recourse for workplace injuries and illnesses.
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