If you suffer an injury at work, you may wonder if you can seek compensation beyond workers’ compensation benefits. In some cases, a third party—someone other than your employer—may have contributed to your injury. If so, you can pursue both workers’ compensation and a third-party claim at the same time.
How workers’ compensation and third-party claims differ
Workers’ compensation provides medical care and wage replacement regardless of fault. However, it does not cover pain and suffering. A third-party claim, on the other hand, allows you to seek additional compensation if someone outside your employer caused your injury. This could include negligent drivers, manufacturers of defective equipment, or property owners who failed to maintain safe conditions.
When you can file both claims
You can file both a workers’ compensation claim and a third-party lawsuit if another party played a role in your injury. For example, if you were injured in a car accident while driving for work, you can file for workers’ compensation and sue the at-fault driver. Similarly, if faulty machinery caused your injury, you can pursue a claim against the manufacturer while still receiving workers’ compensation benefits.
How a third-party claim affects workers’ compensation benefits
If you receive compensation from a third-party lawsuit, your employer’s workers’ compensation insurer may seek reimbursement. This process, known as subrogation, allows the insurer to recover some of what it paid for your medical expenses and lost wages. However, you may still recover damages for pain and suffering, which workers’ compensation does not provide.
Understanding your rights under California law
California law allows injured workers to file both types of claims when applicable. While workers’ compensation offers immediate benefits, a third-party lawsuit can provide additional financial relief. Understanding your options helps you secure the maximum compensation available for your injury.