How Can I File a Third-Party Claim After a Construction Accident?

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How Can I File a Third-Party Claim After a Construction Accident?

When you have suffered an injury at work, you might face a series of pressing questions. Who is paying for medical care? How long will I be out of work? What happens if your body does not conform to the expected recovery timeline? How will I cover the financial costs and losses resulting from this injury?

Here’s one more question that injured workers don’t always consider, but should: Can I file a third-party claim, or is a workers’ compensation claim the only option?

You might have the right to sue one or more negligent third parties, and there may be benefits to doing so. A construction accident lawyer in Irvine, CA, from Bentley & More LLP will obtain relevant information and evidence and determine if filing a lawsuit is an option for you.

Don’t wait to contact Bentley & More LLP to complete your free consultation.

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Key Takeaways for Injured Workers Weighing a Third-Party Claim

• A third-party claim is a separate injury case against someone other than your employer, justified when that third party was negligent
• Workers’ compensation and third-party claims can often proceed at the same time and should be coordinated carefully
• Construction and industrial injuries frequently involve outside companies that can be held legally responsible if their negligence causes harm
• Third-party claims can allow the injured worker (or another plaintiff) to recover money for losses that workers’ compensation may not cover
• Involving the right legal team right away can only benefit your case, as we may preserve critical evidence and prevent your case from being jeopardized
• Do not wait to call Bentley & More LLP or contact us online for your free consultation about hiring a California workplace accident attorney

Why Many Injured Workers Never Realize a Third-Party Claim Exists

Most injured workers are never told about third-party claims, so they never consider pursuing one.

Employers talk about workers’ compensation, as do insurance adjusters. Doctors talk about treatment plans. None of these parties is required to explain that someone else’s negligence may have caused the conditions that led to your injury, and may warrant filing a third-party lawsuit.

Third-party claims may expose companies and insurers to real financial risk (while benefiting the injured worker who files the claim). This is an option that we should discuss, as it may be the right strategy for your own case.

When a Work Injury Involves More Than One Responsible Party

Many of the most serious injuries we see happen in shared or controlled environments where responsibility is spread across multiple liable parties.

Think about a typical jobsite in Orange County:

• You may be employed by one company
• The site itself may be controlled by a general contractor
• Other subcontractors may work nearby
• Equipment may be rented from a provider
• Outside vendors may deliver materials
• Traffic flows around or through the work area.

When something goes wrong in that setting, there may be several third parties whose actions should be scrutinized. Your California workplace injury lawyer may find that one or more of those parties can be sued for the cost of your damages.

How Do Third-Party Claims Differ From Workers’ Compensation Claims in California?

Workers’ compensation and third-party claims serve different purposes.

Workers’ compensation is a benefit system. It provides medical care and partial income replacement without requiring a worker to prove fault. At the same time, these claims come with limits and conditions on the claimant’s recovery. Factors like disability ratings can affect how much compensation you might receive, for what losses, and for how long.

A third-party claim is a civil injury case. Succeeding with such a claim requires proof that another person or company acted negligently. If a claimant is successful, they may recover compensation for the full scope of harm they suffered (without the conditions or limits that come with workers’ comp claims).

Both of these actions are meant to secure compensation for an injured worker. The differences between these claims, though, are substantial.

The key point is this: the existence of a workers’ compensation policy does not absolve outside parties of their responsibility. If someone other than your employer contributed to your injury, you may be able to sue them.

Situations in Which a Construction Injury May Support a Third-Party Claim

Not every work injury involves a third party, but many do. Here are a few realistic circumstances in which the injured worker might have grounds to file a third-party claim:

• A fall caused by collapsing (and defective) scaffolding
• Injuries caused by a crew that your own employer does not employ
• Accidents involving forklifts, lifts, or heavy machinery owned or maintained by an entity other than your employer
• Injuries that were not prevented (but should have been) because of defective safety equipment
• Motor vehicle accidents that happen in a work context (particularly those that involve non-co-workers)
• Injuries arising from dangerous property conditions controlled by a landowner or property manager

If you can trace the origins of your injury to anyone other than your employer or a co-worker, that could suggest grounds for a third-party claim.

We can confirm or deny your eligibility to file a third-party lawsuit once we have gathered the unique facts surrounding your work-related injury.

Who Might Be Named in a Third-Party Claim?

Liability on a jobsite often extends beyond the company that issues your paycheck. Depending on the facts, responsible parties may include:

• A general contractor
• A subcontractor
• Property owners
• Developers
• Equipment manufacturers whose products failed
• Equipment rental companies
• Drivers and logistics companies

The facts will lead us to the liable parties. A California workplace accident lawyer from our team will lead you to the right strategy for your case.

The Best Option: A Workers’ Comp Claim, a Third-Party Claim, or Both?

This decision is not always an either-or choice.

Workers’ compensation is often necessary to secure immediate medical care and income support. Third-party claims are often essential to address long-term losses and the true impact of a serious injury.

You might have the option of pursuing just one of these claim types. You might be eligible for both.

In many cases, pursuing both is the most effective approach. The challenge is making sure they are handled together in a way that enhances both, rather than causing conflict.

The attorneys at Bentley & More LLP have extensive experience leading both third-party claims and workers’ compensation claims. We understand the relative benefits and challenges of each and how to balance each when clients need us to.

Whatever strategy we ultimately identify as best for you, know that our firm is capable of executing that strategy effectively.

Why Handling Both Claims Together Matters to Your Recovery

Let’s say you are eligible to file a third-party claim. Let’s also say you decide to file a workers’ compensation claim. In our opinion, you should have the same California workplace injury lawyer (or at least the same firm) handling both claims.

Here is why:

When workers’ compensation and third-party claims are handled in isolation, problems tend to arise. When your attorney has a bird’s-eye view of the entire process, it allows for:

• Consistent medical documentation
• Coordinated strategy and timing
• Better protection of your future earning capacity
• Smarter settlement decisions

Redundancy, contradiction, and strategic conflict are less likely when you have one team handling both of your claims. At Bentley & More LLP, we manage these cases as a single, integrated effort, not as separate silos competing for attention.

What Workers’ Compensation Does Not Fully Cover

Rather than tell you what workers’ compensation covers, it may be more effective to tell you what workers’ comp does not cover (in comparison to a third-party claim).

A workers’ compensation claim will not typically compensate the claimant for:

• Physical pain
• Emotional distress
• Loss of independence
• Lost quality of life
• Long-term lifestyle limitations
• The true cost of future care for catastrophic injuries

Plus, workers’ compensation only pays for a portion of lost income, and there are generally time restrictions on how long a claimant can receive benefits.

You might get compensation for medical bills, a portion of lost income, and even supplemental job-displacement benefits. This is something, and can be something significant. However, filing a third-party claim generally enables you to demand compensation for a broader range of damages.

The Blueprint for Building Third-Party Construction Accident Claims

Whether we have identified your case strategy, you can trust our Southern California-based legal team to:

• Secure all evidence related to the construction accident
• Identify and connect with your employer’s workers’ comp insurance provider
• Identify any third parties who may have been negligent in relation to your accident
• Acquire all work-related records and documentation that might shine a light on long-running negligence
• Retaining any experts whose services will benefit your case
• Developing a clear, credible case narrative

These steps will be beneficial whether you pursue a workers’ compensation claim, a third-party claim, or both.

Eventually, we will negotiate for a fair settlement on your behalf. If you file a third-party claim, going to trial may be a realistic possibility. The attorneys at Bentley & More LLP are proven negotiators and litigators, so you can be confident in us regardless of how your case unfolds.

How Insurance Companies Typically Respond to These Claims (Not Well)

Insurance companies often try to minimize financial exposure as soon as they receive notice of a claim. Whether they are seeking to protect their own financial interests or those of a policyholder, we always expect a fight.

It’s even possible that insurance companies and opposing counsel engage in ethically questionable techniques in handling your claim(s). Pressuring you to make rushed statements, conducting selective medical reviews, and trying to coax you into a lowball settlement offer are just some of the bad-faith tactics we are prepared to address.

Frequently Asked Questions by Injured Construction Workers Who Want Fair Compensation in California

Construction workers know what they’re doing when on the jobsite. When they’re injured, though, their usual certainty gives way to seemingly endless questions. These questions may include:

Can I file a third-party claim if I already accepted workers’ comp benefits?

You are likely still eligible to file a third-party claim even if you’ve resolved a workers’ compensation claim. While you should want your lawyer to coordinate these claims, you don’t have to settle both claims at the same time (in fact, that would be unrealistic).

What if more than one company contributed to my accident?

This shared liability is common on construction sites, where several stakeholders may have a sizable hand in operations. These are the sort of complex liability issues we untangle for our clients.

What if I am not sure who caused the hazard?

Investigating is one of our legal team’s most critical roles. You may not know who is responsible for your accident, but we will undoubtedly find out. You do not need all the answers before calling us.

Call a California Construction Accident Attorney as Soon as Possible

If you suffered an injury at work in Southern California and believe someone outside your employer may be responsible, Bentley & More LLP can help you evaluate the prospect of a third-party claim. At the same time, we will ensure you know everything you need to know about workers’ compensation claims.

Should you be eligible to sue, you are contending with California’s statute of limitations for personal injury cases. Don’t let your filing deadline expire. Reach out to Bentley & More LLP today to speak with a skilled personal injury lawyer in Irvine, CA, and complete your free consultation.

There is no fee unless we secure compensation for you. We offer proven legal representation without stress.

Schedule a Free Consultation