In California, all employers must carry some form of workers’ compensation coverage in case of employee injury. Under workers’ comp, you may be able to receive medical coverage, lost wage payments and other benefits if you experience a job-related injury.
Workers’ comp is a no-fault system; you do not have to sue your employer to receive benefits. However, if an individual or business outside of your company caused your injury, you may be able to file both a workers’ compensation case and a third-party claim against the at-fault party.
What are examples of third parties?
As a construction worker, you likely work with employees from other companies on a regular basis. You may also handle powerful equipment or transport machinery or other materials to or from a job site. Common examples of third parties who could be responsible for your construction injury include:
- General contractors who neglect safety rules
- Subcontractors who do poor work
- Equipment suppliers who provide faulty tools or machinery
- Drivers outside your company who cause a vehicle collision
Why file a third-party claim?
In addition to payment for medical care related to your job injury, California workers’ compensation benefits can include coverage for part of your lost income during recovery and help with job retraining if you become permanently disabled.
However, construction injuries are often severe. Workers’ comp alone may not be enough to cover all your future medical costs or allow you to continue to support your family. If a third party caused your job injury, filing a third-party lawsuit in addition to a workers’ compensation claim may help you receive the full compensation you need.