California Third Party Lawyer: What Is A Third Party Work Injury Case? - By: William Turley

If you are seriously injured at work in California, you need to understand your legal rights. Most folks realize that if they get injured at work they are entitled to California workers compensation benefits. Most folks don't realize how unfair California workers compensation is to seriously injured workers. In a nutshell, California has some of the lowest and unfair workers compensation benefits of any State. Because California workers compensation benefits are so unfair, it is very important to investigate and determine whether you have a viable California third party work injury case. And it is very important that you hire a California Third Party Work Injury Lawyer.

If you are injured on the job in California you are considered the "First Party." Your employer is called the "Second Party." Generally, under California law you can not sue your employer if you are injured in a work injury. This is called the "exclusive remedy doctrine." Meaning your exclusive remedy against your employer for a work injury is workers compensation benefits.

There are some limited exceptions to the "exclusive remedy" rule. These are called "Second Party" cases. For example, if your employer intentionally assaults you or discriminates against you because of race, sex or national origin.

If someone else (that is someone other than your employer) is legally responsible for your injuries, then you - the injured worker - can pursue civil remedies against this other person and/or entity. Persons or entities other than your employer who are legally responsible for your injuries are termed third-parties.

Generally, a workers' compensation recovery does not preclude a civil suit by you against a negligent third-party. An employee's civil lawsuit against persons/entities other than the employer is called a "third-party case" or a "third party work injury case."

Examples Of Third Party Work Injury Cases

- You were rear-ended while driving while working.
- You slipped and fell in the lobby owned by your employer's landlord.
- You were injured by a defective product while working.
- You were injured on a construction site due to the negligence of another company.
- You were injured in an elevator accident.
- You were injured on scaffolding that was not erected by your employer.

The foregoing is an analysis of California law regarding third party work injuries. That is, when your injuries were caused by a person or entity other than your employer.

Disclaimer

The foregoing analysis is not legal advice. I am simplistic in order to achieve clarity and understanding. Your work injury case may differ from the circumstances described herein. If you are seriously injured worker in California you are strongly advised to consult with a California Third Party Work Injury Attorney. The right lawyer for your third party work injury case will rarely be your California workers compensation lawyer. Finally, always tell the truth. If you are caught in a lie, you will almost always lose your case. Be sure the third party lawyer you hire is an honest lawyer.

About the Author

Bill Turley is regarded as the leading Third Party Work Injury Lawyer in California. He was elected President of the Consumer Attorneys. Bill has the most comprehensive work injury website in California. Use his California Work Injury Attorney website to help win your case.

Article Directory Source: http://www.articlerich.com/profile/William-Turley/63381

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