Work Injury Lawyer Bakersfield, CA
The purpose of the workers’ compensation system is to compensate injured workers through a relatively efficient process. In return, workers cannot — in most cases — file civil lawsuits against their own employers to get compensation after a work injury.
Sometimes when someone is injured the workers’ compensation system may not end in a financial settlement for the injured person.
It may be possible for the victim of a work injury to get a more fair financial settlement by filing a civil lawsuit against another company or individual — if that party played a part in causing the accident.
How Does It Work?
For example, a construction worker falls from a roof and seriously injures himself. The attorney looks at the circumstances of the accident and learns that the subcontractor responsible for maintaining the safety restraints had not checked the restraints for wear. The worker’s accident was caused, in part, by the safety subcontractor’s faulty inspections in failing to properly maintain the safety equipment.
In such a case, a knowledgeable lawyer will file both a worker’s compensation claim and a claim against the safety subcontractor.
In the legal community, such lawsuits are known as third-party claims. These claims can become complex, however, and must be handled carefully and in close conjunction with workers’ compensation claims. An error in one claim can reduce the total amount of compensation the injured worker receives.