When a Workplace Injury Becomes a Personal Injury Case Understanding Third-Party Liability

1. When a Workplace Injury Becomes a Personal Injury Case: Understanding Third-Party Liability A broken ladder. A shortcut taken by a subcontractor. A malfunctioning power tool. It only takes one small failure on a worksite to cause a serious injury, and when someone outside your employer is responsible, workers’ comp might not be the only option. Many injured workers don’t realize they may have a personal injury claim alongside their workers’ comp case. If someone else’s negligence caused your injury, a workplace injury lawyer can help you go after all the compensation you deserve, including damages that workers’ comp doesn’t touch. Here’s how third-party liability works and what steps you need to take next. What Is Third-Party Liability in a Workplace Injury? Most people who are hurt on the job expect to file a workers’ compensation claim. That’s usually how it goes. But sometimes, someone other than your employer plays a role in an accident. When that happens, the law lets you file what’s called a third-party liability claim. Workers’ comp is a no-fault system. You don’t need to prove your employer did anything wrong to qualify. But it doesn’t cover everything, especially things like emotional distress or long-term pain. That’s where personal injury claims comein. They’re fault-based, which means you’ll need to prove that someone else (outside of your employer) caused or contributed to your injury.

2. You can file both claims at the same time. You can receive medical and wage benefits through workers’ comp while also seeking full damages through a lawsuit against a third party. Common Third Parties That Could Be Liable Workplaces are shared spaces. That’s especially true on construction sites, in warehouses, or anywhere vendors, delivery drivers, and other service providers show up. So, when an injury happens, it’s worth asking: Who else was involved? Several kinds of third parties can be responsible for work-related injuries. Some examples include: Negligent contractors who create hazards for workers from other companies Defective equipment made or sold by manufacturers or suppliers Unsafe premises owned by landlords who failed to fix known dangers Delivery drivers or visitors who cause accidents on-site For instance, if you’re a warehouse worker and a subcontracted forklift driver hits you, that driver and their employer could be liable. If a ladder collapses because of a design flaw, the equipment manufacturer might be to blame. Even a broken railing at a third-party facility could be the reason you fell. Key Differences Between Workers’ Comp and Personal Injury Claims These two types of claims serve different purposes. Yet, many injured workers don’t realize they may qualify for both. Knowing the differences helps you understand what you’re missing if you only file a workers’ comp claim. Workers’ Comp: No need to prove fault Covers medical bills and partial lost wages Limited in scope-doesn’t pay for non-economic losses Processed through the Workers’ Compensation Appeals Board system Workers’ comp is designed to provide fast support, but it often leaves gaps in overall compensation. These benefits typically end once you return to work, even if you’re still dealing with long-term effects. Personal Injury: Must prove that a third party was at fault Allows claims for pain and suffering damage, emotional distress, and full-wage losses Can include punitive damages in serious cases Handled through civil court Personal injury claims can result in higher payouts because they consider the broader impact on your life. These cases can also push third parties to fix safety issues, which may prevent future injuries for others.

3. The difference in payouts can be huge. Workers’ comp might cover some basics, but it won’t pay for the way your injury changes your daily life. Personal injury law makes space for that. That’s why, if both options are available, filing both can lead to more complete compensation. Deadlines are different, too. In California, you typically have one year to file a workers’ comp claim, but personal injury lawsuits often give you up to two years. Missing either deadline could mean losing your chance of recovering what you’re owed. How a Workplace Injury Lawyer Can Help Figuring out whether someone else shares responsibility for your injury isn’t always simple. A qualified workplace injury lawyer will know how to investigate the facts, gather records, and speak to witnesses to uncover what actually happened. One of the first things they’ll do is look for signs of third-party involvement. That could be another crew working nearby, a product that failed, or a hazard the building owner ignored. Once identified, they’ll build your personal injury case without interfering with your workers’ comp benefits. A good attorney can manage both claims at the same time. This is key because the two systems don’t always work together smoothly. Meanwhile, insurance companies tend to look for ways to pay you less. What to Do If You Think a Third-Party May Be Involved If your injury happened at work but involved equipment, vehicles, or people not employed by your company, don’t write it off as “just a work injury.” You could have a valid third-party case. Act fast, and take a few simple steps: Report your injury to your employer as usual Take photos of the scene and any equipment involved Get contact details for any witnesses Don’t throw away any defective equipment or tools Next, contact a law firm that handles both types of cases so they can evaluate everything and move quickly. That early case review can make all the difference in your recovery, both physically and financially. Solimon Rodgers, P.C. is one of the few firms in Southern California that regularly handles both types of cases under one roof. That can make a big difference when timing and coordination matter. Know Your Rights After a Work Injury A workplace injury attorney can help you get more than just medical bills and partial wages. If a third party caused your accident, you may also be eligible for full compensation, including pain and suffering.

4. At Solimon Rodgers, P.C., we focus exclusively on injury cases and have recovered millions for clients across Southern California. You don’t pay unless we win. Our team handles both workers’ comp and personal injury cases under one roof, with deep local experience in Los Angeles and Pomona. Schedule your free consultation today and find out how much more your case could really be worth. Call us at (844) 774-3577 or visit https://kingsofwc.com/ to learn more