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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 Orange County 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 Orange County
A workers’ comp attorney in Orange County helps injured employees file claims, secure medical treatment, and recover wage replacement benefits after a workplace accident. A lawyer can also handle disputes with insurance companies and represent you if your claim is denied.
You should contact a Orange County workers’ compensation law firm as soon as possible after a work injury, especially if your employer disputes your claim, your benefits are delayed, or your injury is serious. Early legal guidance can help you avoid costly mistakes.
Yes. A Orange County work injury attorney can appeal a denied claim, gather medical evidence, and represent you in hearings. Many valid claims are initially denied, but with the right legal support, you may still recover full benefits.
Even for seemingly minor injuries, consulting a workplace accident attorney in Orange County can be helpful. Some injuries worsen over time, and an attorney can ensure your rights are protected and that you receive proper medical care and compensation.
Most workers’ compensation law firms in Orange County work on a contingency fee basis, meaning you do not pay upfront. Fees are typically a percentage of the benefits recovered and must be approved by a judge.
A construction injury lawyer in Orange County handles cases involving falls, equipment accidents, electrocutions, and other job site injuries. These cases may involve workers’ compensation claims and, in some situations, third-party liability claims for additional compensation.
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