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Workers’ Compensation, Third Party Lawsuits And Related Cases

In addition to California workers’ compensation law, an injured or disabled person may be entitled to other legal remedies, depending on the circumstances. Typically, the only remedies that the injured worker has against the employer are workers’ compensation law and the degree of negligence committed by either the employer or the employee. Neither restricts nor enhances the benefits that an injured worker is entitled to. However, if the injury is caused by a third party – that is, someone other than the employer or a fellow employee – then the injured worker may have a dual remedy both in workers’ compensation and in the civil courts.

For example, when a construction worker working for a plumbing subcontractor on a job site is injured because of the negligence of the general contractor on the job site, they may have a civil claim against the general contractor in addition to the workers’ compensation claim against their employer. Other examples include situations involving on-the-job automobile accidents, product defects (such as faulty machines) and premises liability.

Cases That May Be Related To A Workers’ Compensation Claim

Other types of cases related to workplace injuries may include the following:

  • Uninsured employers
  • Unlawful discrimination
  • Reasonable accommodation
  • Serious and willful misconduct
  • Social Security Disability
  • Death benefits
  • Intentional torts

In appropriate cases, we at Waxman & Achermann may make referrals to attorneys who specialize in these and other areas.

Contact Waxman & Achermann Today

Understanding the full scope of legal remedies beyond your workers’ compensation claim can be daunting on your own without the help of a legal advocate. Send an email or call Waxman & Achermann in San Francisco at 415-520-7265 for help in determining if there are related legal matters that may accompany your workers’ compensation claim.