Gaylord & Nantais are the most experienced & trusted Workers' Compensation Attorney in Los Angeles & Long Beach

Experience you need. Trust you expect. Results you want.
Experience you need.
Trust you expect.
Results you want.

Hours

Mon - Fri
9:00 AM - 4.30 PM

“Third Party” Worker’s Compensation in California

In California, worker's compensation allows for third party involvement, if someone other than the employer is at fault. Most workers’ compensation cases only involve the two main parties-employer and employee and are resolved once the employee is released.

Here’s how third party worker’s compensation in California works:

Who Collects

As the victim of an injury, the employee has the right to go after the third party even if it is a worker’s compensation case. The problem is that if the employee gains any type of compensation, the employer has a right to a certain percentage based on what they have already paid out in claims. The employer’s attempt at recovery may be overlooked if it is discovered that they are partially responsible for the accident and resulting injury.

Examples of Third Party Worker’s Compensation Cases

Third party worker’s compensation actions can result from different types of accidents. One way is if an employee is out making deliveries in a company vehicle and is struck by another vehicle. In this situation, the third party would bear the majority of the blame and would be considered at fault. When this type of accident occurs, both employer and employee would receive some degree of compensation.

Another way for third party worker’s compensation action to come into play is when a vendor serving the employer has an accident due to the employer’s negligence. If an employee is injured as a result, the employer is primarily at fault, as is the vendor. In this case, the employee would be able to keep the bulk of their settlement because the employer would have to partially pay for their injuries.

It is important to talk to an attorney to uncover who exactly is at fault and who is entitled to pay the compensation. Always be prepared and talk to a personal injury attorney immediately.

Share:

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on whatsapp
WhatsApp
Thomas M. Nantais

Thomas M. Nantais

Thomas M. Nantais is the Co- owner of Gaylord & Nantais, a legal firm specializing in workers’ compensation, in the state of California. This firm deals in getting hearing loss compensation and work related injuries compensation for those who have worked in the state of California. With his sincere efforts, Thomas is committed to meet the highest standards of the legal industry, and aims to provide the clients with an honest and aggressive representation.

Leave a Reply

Your email address will not be published. Required fields are marked *

On Key

Related Posts

3 Cases When Worker’s Comp Covers Injuries During a Commute

People face the risk of accidents on their daily commute to work, but injuries caused during such accidents are not typically covered under workers’ compensation laws. However, there are certain exceptions when a worker who is injured while commuting to work can successfully file for a compensation claim.

Workers’ Compensation Coverage: Are the Self Employed Eligible?

People who are self-employed may not benefit from certain types of insurance like an employee would. If you are self-employed or an independent contractor, the cost of covering yourself with a Workers’ Compensation policy may be so high that it isn’t really worth the effort or the expense.

What Follows Next After a Worker’s Compensation Deposition Gets Over

Receiving a worker’s compensation may lead to litigation that requires you to give a deposition that explains your side of the story. A legal deposition is just one way for you to give your statement. Depositions can be used to help establish a case or they can be used in court proceedings if necessary.

Translate »

Need Help?

Get a Free Case Evaluation

Get your case evaluated from the most trusted attorney in Long Beach and Los Angeles