When dealing with work-related injuries, many workers and even some attorneys overlook a key pathway toward maximizing potential recovery—third-party liability. When a worker suffers an injury during the course of performing their regular job duties for the employer, a workers’ compensation claim is typically filed and handled within the workers’ compensation system. In some instances, however, another individual or entity, a “third party”, is either the sole or partial cause of the injury(s), making a third party claim possible. This type of claim runs in conjunction with the workers’ compensation claim and is a civil matter filed in either State or Federal court. At Mancini & Associates, our qualified and experienced attorneys can properly identify third-party liability claims and will work diligently to help you secure just compensation.
Determining whether or not your work-related injury can also lead to a successful third-party claim can be difficult. The general rule of thumb is to look for a liable individual or entity that is outside the employer/employee relationship. Some illustrative examples of third party claims include:
California has a general two-year statute of limitations in place for personal injury claims, which include third-party claims. However, some types of claims have shorter statutes that apply to them, and claims against government entities must be brought within as little as 6 months from the date of the incident. If a victim fails to file a lawsuit within the appropriate time window, they will be barred from seeking recovery in the future.
Notably, seeking recovery through the workers’ compensation system does not protect your rights with regard to a potential third-party liability claim. It is, therefore, important to consult with an attorney as soon as possible.
When you need a third-party liability attorney in Los Angeles County, Orange County, Ventura County, Riverside County, and San Bernardino County areas, you can reach out to us on our website for a free consultation by clicking here or calling us at 818-783-5757.