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Third-Party Claims

Orange County Attorneys Handling Third-Party Claims for Workplace Injuries

Assisting with workers’ compensation and civil actions

When you suffer a workplace injury, you may be able to pursue a third-party claim in addition to your workers’ compensation benefits. At Tous Law Group we are uniquely qualified to handle both types of cases for your benefit. We thoroughly investigate the causes and contributing factors to your injury to determine if a party other than your employer could be held liable for your injuries. It is our mission to recover the maximum amount of compensation available to you.

What is a third-party claim?

A workers’ compensation case typically involves you, your employer and the insurance company. In your workers’ comp case, you can recover benefits regardless how you were hurt at work. It is a “no-fault” system. However, if you were injured because of the negligence of a third party, you may be able to also pursue a claim against that party based upon fault. A few common examples of third parties liable for workplace injuries include:

  • The manufacturer of the equipment that injured you
  • Another driver who caused a car accident while you were traveling for work
  • The owner of a property where you suffered a slip and fall injury

Your workers’ compensation case and your third-party claim are two separate matters. You may choose to have two different attorneys handle your cases, which can be complicated, or Tous Law Group can assist you with both of them. We provide effective legal representation in the workers’ comp courts and in the civil courts.

Pursuing your third-party claim

An injured worker can choose to waive the employee’s rights under workers’ compensation and pursue only the third-party claim. However, this means that you do not receive the benefits offered by workers’ comp, such as medical benefits, temporary disability and vocational rehabilitation. Attorneys who are not qualified to handle workers’ comp cases may encourage you to do this, but the legal team at Tous Law Group explores all of your options for monetary recovery for your workplace injury.

Does a third-party claim affect the amount of workers’ comp benefits available?

If you pursue both the workers’ compensation case and the civil case, your employer may have a right to claim a lien on your recovery from the third party. Sometimes, the workers’ compensation insurance carrier is willing to give up some of the lien rights to resolve the third-party case and get some of their money back. It is imperative that you consult with an attorney who is proficient in handling both workers’ comp cases and third-party claims before you make any decisions. We can help you understand all of your legal options and guide you each step of the way.

Schedule your free initial consultation to discuss pursuing a third-party claim

Tous Law Group is based out of Costa Mesa, CA, but we also have offices in Los Angeles, San Francisco and Corona. If you are unable to meet in one of our offices, we are willing to travel to meet with you. All cases are handled on a contingency fee basis. Contact us at 714-602-4473 or via our website to schedule your appointment.