What is a Third-Party Claim?

A third-party claim is a type of workers compensation lawsuit in California. It means that the worker is not filing a claim against their employer, but rather someone else who is legally responsible for the injury. This could be another company or individual that was involved in the incident or whose negligence caused or contributed to the injury. The purpose of filing a third-party claim is to collect additional compensation, above and beyond what is allowed through the state’s workers compensation system. Without filing a third-party claim, an injured worker may be limited in the types of compensation available to them. For example, in workers compensation cases, an injured worker can typically receive medical bills, temporary disability payments and vocational assistance. With a third-party claim, they may also receive money for pain and suffering, lost wages, and punitive damages. In order to file a third-party claim in California, a worker must prove that the third party was negligent in causing or contributing to the accident. In most cases, the worker will need to show evidence of the third party’s activities that led to the accident and the resulting injuries. This requires having a solid understanding of both the facts of the case and the applicable laws in California. Without this knowledge, it can be difficult for an injured worker to receive the full compensation they are entitled to.

Related FAQs

What is the difference between total disability and partial disability?
What if my employer fails to pay my workers' compensation benefits?
Is there any way to appeal a workers' compensation decision?
Are workers' compensation benefits taxable in my state?
What is considered a compensable injury?
How does an employee's medical condition affect their workers' compensation claim?
What is a temporary total disability?
How do I know if my workers' compensation claim has been approved?
What type of evidence should I present to support my workers' compensation claim?
How do I know if my employer is required to carry workers' compensation insurance?

What is a Third-Party Claim?

Related FAQs

Related Blog Posts