Third Party Lawyer In California: You Need To Find Out If You Have A Third Party Work Injury Case

Third Party Lawyer In California: You Need To Find Out If You Have A Third Party Work Injury Case

by

William Turley

California workers’ compensation is a no-fault system. Regardless of whether you are to blame or whether your employer is to blame for the accident, if you were hurt on the job, then under California law, you are entitled to workers compensation benefits. However, if your work injuries were caused by someone else other than your employer or a co-worker, you may be able to file a lawsuit to obtain fair compensation from that person or company. The lawsuit is in addition to your workers compensation claim.

If you have a potential third party case, in addition to your California Workers Compensation Lawyer, you will need a California Third Party Attorney. Rarely will a California Workers Compensation Attorney have the skills necessary to handle a serious third party work injury case.

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, the general rule is that, worker’s compensation benefits are your exclusive remedy against your employer.

This is called the “Exclusive Remedy Doctrine.” This means that you can only recover workers compensation benefits from your employer. With a California workers compensation case, you can not recover civil remedies from your employer, such as pain and suffering, past and future wage loss, loss of enjoyment of life, money for scarring and disfigurement, and/or emotional distress.

If someone else is legally responsible for your injuries, then you can pursue civil remedies against this other person and/or entity. Any person/entity other than your employer that is legally responsible your damages is a third-party.

Generally, a workers’ compensation recovery does not preclude a civil suit by you against a negligent third-party. An employee’s civil lawsuit against persons/entities other than your employer is termed a “third-party case” or “third party claim” or “third party work injury lawsuit.”

Potentially, you can recover much more money in a third party civil case. A third party case can mean you receive hundreds of thousands of dollars more in compensation. Or in some cases, millions more in compensation for your work injuries.

Disclaimer:

This article should not be read as legal advice. This article is simplistic in order to achieve clarity. If you have a serious work injury, you are advised to consult with a California Third Party Lawyer. Do not rely on your California workers compensation lawyer to determine whether you have a viable third party case. Always consult with a lawyer that specializes in third party work injury cases. Unfortunately, there are very, very few good seasoned Third Party Lawyers in California.

Finally, whenever you go to court asking for money, your credibility is always at issue. Meaning, nobody is going to believe you. If you get caught in a lie – you will lose your case. The simple rule is this: always tell the truth. Never exaggerate your injuries.

Bill Turley is a

Third Party Lawyer in California

. He has the most comprehensive California work injury attorney website. Bill is the highest rated

California Workers Compensation Lawyer

by AVVO.com.

Article Source:

ArticleRich.com