California law requires that employees be covered under workers’ compensation in the event that they sustain an injury on the job.

When an employee sustains an injury during the course and scope of his employment, he or she is automatically covered under workers’ compensation to receive appropriate medical care and temporary disability payments if they are unable to work.

There are times however, when an injured employee also has the right to pursue a civil action against an individual or company, outside of his employee/employer relationship, who is responsible for causing the injury suffered.

A third-party claim can be pursued when there is another subcontractor on the job who is the cause or responsible for the injury the employee sustained. Other examples would be a non-employee motorist, property owner, landlord or the manufacturer of an unsafe product whose defect results in injury.

The employee then has an opportunity to obtain full compensation in light of the fact that workers’ compensation does not provide any component for past or future pain and suffering. Therefore, if a debilitating injury is sustained which effects the employee’s lifestyle, outside of his work, there is no component for compensating him for those damages under the workers’ compensation system. Furthermore, the amount received under the temporary disability provisions may be less than the actual income, which the employee has lost as a consequence of his inability to work due to the injuries suffered.

The third-party claim, would enable the injured worker to obtain full compensation for past and future pain and suffering. Full reimbursement is also available for past and future loss of earnings. (In the event that the employee is unable to continue working in the type of job that he or she was doing at the time of the injury and requires vocational rehabilitation.) Such alternative employment, usually reflects a lower level of income which the employee would be able to earn as a consequence of the limitations or disability which has resulted from their injury.

If the employee’s employer also was negligent and contributed to the incident, it may be possible to negotiate a significant reduction in the right of employer’s workers’ compensation carrier to obtain reimbursement for many benefits received from the third-party. There are many other issues with regard to the coordination between the third-party claim and workers’ compensation that requires a case by case evaluation.

Mr. Sernaker has represented construction injury victims and many other employees who have been injured as a consequence of the fault of a third-party, which has significantly enhanced the amount of money which the injured employee was able to recover as a result of on the job injury.

Therefore, if you have been injured on the job and have any questions about whether or not you have a right to pursue a third-party claim, please call the Offices of Gary A. Sernaker or email him at gsernaker@gmail.com