Workers' Compensation - Third Party Liability
Rucka, O'Boyle, Lombardo & McKenna represents injured workers throughout the Monterey Peninsula in workers' compensation and third party liability cases. Under most circumstances, if you are injured at work, your only source of recovery is through workers' compensation benefits unless your employer has failed to secure the required workers' compensation insurance.
However, many workplace injuries are at least partially caused by someone or something not covered by your employer's workers' compensation insurance. This gives rise to third party claims, which can sometimes result in you recovering more than you would have been able to obtain from workers' compensation benefits alone. We will carefully examine the facts of your case and determine all of the potential sources of recovery. If we determine there may be third party liability, several of our attorneys have extensive personal injury experience and can adeptly handle any third party claims arising from your case.
Products Liability
A common cause of workplace injuries is a defective product or a piece of machinery, or equipment malfunctioning. A products liability claim may also involve failure to warn of a foreseeable risk, such as failure to warn that a chemical solvent should not be mixed with other products, should be used in a well-ventilated place, or is highly flammable. In products liability cases, you may be able to recover from the designer, manufacturer or retailer of the defective item in a third party products liability action. For more information about products liability accidents, please see our personal injury page.
Personal Injury Cases
If someone who is not covered by your employer's workers' compensation insurance contributed to your injury, you may be able to sue that person directly and recover in a personal injury lawsuit. An example of a situation where this would arise is if you were driving somewhere for work purposes and a negligent driver hits you. In that case, you could sue the driver of the other car in a personal injury lawsuit.
Available Recovery
If your third party lawsuit is successful, you can recover the damages available in negligence actions in addition to any workers' compensation benefits you received. These damages may include economic damages for your medical expenses, lost wages, lost earning capacity, and other expenses, and non-economic damages for any pain and suffering and emotional distress you suffered. For more information, please see our personal injury page.
Seek Experienced Legal Representation
If you or a loved one has suffered an injury or illness at work, it is important to consult with experienced attorneys who will ensure you are complying with all of the deadlines and requirements in your case. Seven of our attorneys are have been certified as Specialists in Workers' Compensation Law by The State Bar of California Board of Legal Specialization, and several of our attorneys also have extensive experience handling personal injury matters. To schedule a free initial consultation with us to discuss your case, contact Rucka, O'Boyle, Lombardo & McKenna.
