In California, worker's compensation allows for third party involvement, if someone other than the employer is at fault. Most workers’ compensation cases only involve the two main parties-employer and employee and are resolved once the employee is released.
Here’s how third party worker’s compensation in California works:
As the victim of an injury, the employee has the right to go after the third party even if it is a worker's compensation case. The problem is that if the employee gains any type of compensation, the employer has a right to a certain percentage based on what they have already paid out in claims. The employer's attempt at recovery may be overlooked if it is discovered that they are partially responsible for the accident and resulting injury.
Examples of Third Party Worker's Compensation Cases
Third party worker's compensation actions can result from different types of accidents. One way is if an employee is out making deliveries in a company vehicle and is struck by another vehicle. In this situation, the third party would bear the majority of the blame and would be considered at fault. When this type of accident occurs, both employer and employee would receive some degree of compensation.
Another way for third party worker's compensation action to come into play is when a vendor serving the employer has an accident due to the employer's negligence. If an employee is injured as a result, the employer is primarily at fault, as is the vendor. In this case, the employee would be able to keep the bulk of their settlement because the employer would have to partially pay for their injuries.
It is important to talk to an attorney to uncover who exactly is at fault and who is entitled to pay the compensation. Always be prepared and talk to a personal injury attorney immediately.