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Workers’ Compensation Case & Personal Injury Case Arising From Same Incident/Injury

Some on the job injuries give rise to both a Workers’ Compensation injury claim as well as a civil suit for damages known as a “Third Party” action.

In very simple terms, if you think of yourself as Party #1, and your employer as Party #2, then any other person or company who caused or contributed to the cause of your injury or injuries is Party #3 – the “Thirty Party”.

It’s important to note that if you have such a claim, giving rise to both actions, it is recommended that you hire a law firm that represents injured workers in both forms of litigation.  The reason for this is because there are different consequences to you and your ultimate recovery depending on which case settled first, whether the cases settle at the same time or the specific manner in which they settle.

The reason for this is because the Workers’ Compensation Insurance company can become a party in your “Third Party” lawsuit to recover monies it has paid due to an injury which is in part, or all, the fault of the “Third Party”.  This can affect your net recovery ($) in both actions and can even affect your entitlement to future medical care.

A specific example of this will be provided in my follow-up Blog.

Richard Irwin

Mr. Irwin is a recognized specialist in Workers’ Compensation law. He has been certified as a specialist by the State Bar of California since 1995. He limits his practice to handling only workers’ compensation cases. View Attorney Richard Irwin's Attorney Bio Here.

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