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worker's compensation
vs.
3rd party claims
Workers’ compensation provides medical treatment and partial wage replacement for employees hurt on the job, but benefits are limited. It usually covers only a portion of lost wages and does not include pain, suffering, or long-term losses.
When someone other than your employer is responsible for your injury, such as a subcontractor, property owner, or equipment maker, you may have the right to file a third-party lawsuit. These claims allow for broader recovery, including damages for lost earnings, future losses of earning capacity, and compensation for pain and suffering.
Berglund & Johnson does not handle workers’ compensation-only claims. Our firm focuses on workplace injury cases that involve third-party liability and other civil claims outside the workers’ compensation system.
Third-party personal injury claims may allow injured workers to pursue compensation for:
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Past and future lost earning
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Loss of earning capacity
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Pain and suffering
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Other long-term economic and non-economic damages
Berglund & Johnson focuses on workplace injury cases involving third-party negligence and related civil liability issues.
Exceptions
If you were injured on the job, workers' compensation may not be your only option. When someone other than your employer caused or contributed to the accident, you may also have a personal injury claim for damages that workers' compensation does not cover. This can happen if your injury was caused by a negligent third party, if defective equipment or unsafe property conditions played a role, or if your employer’s conduct went beyond ordinary negligence into willful or reckless behavior.
When those circumstances are present, an injured worker may be able to seek damages beyond the benefits available through workers’ compensation.
We pursue third-party worker claims in the Los Angeles area to help injured workers recover additional damages beyond workers’ compensation benefits.
Who Is Legally Responsible?
Workers’ compensation shields employers from lawsuits in most cases, but third parties who cause or contribute to a workplace injury can be held legally responsible. These third parties may include:
🏠 Property owners
👷♂️ Subcontractors or vendors
🏭 Manufacturers of defective equipment
🔧 Maintenance companies
A thorough investigation is necessary to uncover all responsible parties and pursue every avenue for recovery.
Common workplace accidents
Workplace injuries often occur because of preventable safety failures, including:
Unsafe property conditions
Negligent site supervision
Defective machinery or tools
Poor maintenance practices
OSHA Violations
Injuries happen when safety rules are ignored, corners are cut, or equipment fails.
Identifying these failures is critical to holding the responsible parties accountable.
Frequently asked questions
FAQ's About Workplace Injuries in Los Angeles
Berglund & Johnson does not handle workers’ compensation-only claims. However, we represent injured workers when the facts support a separate personal injury claim outside the workers’ compensation system.
A workers’ compensation claim is made through the employer’s insurance system and generally covers medical care and partial wage loss regardless of fault. A third-party claim is a civil personal injury case brought against someone other than the employer whose negligence caused or contributed to the injury. That type of claim may allow recovery for additional damages not available through workers’ compensation.
Yes. In some workplace injury cases, an injured worker may have a workers’ compensation claim through the employer and a separate third-party personal injury claim against another responsible party.
Examples include:
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Construction accidents involving negligent subcontractors
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Injuries caused by defective tools, machinery, or equipment
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Unsafe property conditions on a job site
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Negligence by property owners, vendors, or maintenance companies
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Other incidents where someone other than your employer is responsible
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If your injury was caused in whole or in part by someone other than your employer or a co-worker, you may have a third-party claim. These cases can be complex, so it’s important to have an experienced attorney evaluate the situation.
If your situation involves only a workers’ compensation claim, we can connect you with trusted attorneys who focus on those cases. While we don’t handle those claims directly, we want to make sure you still get the help you need.
Many people searching for information about workplace injuries do not realize that some on-the-job accidents may involve a separate personal injury claim. Our goal is to help injured workers understand when a case may exist beyond workers’ compensation.
You should report the injury to your employer and seek medical care right away. Then, speak with an attorney to determine whether your case involves third-party liability in addition to any workers’ compensation benefits.
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