At DM&B we help injured workers throughout the Bay Area with workers’ compensation claims and related third-party claims.
Workers’ Compensation Exclusivity
When you’re injured on the job, your options are usually limited to the workers’ compensation system. This system provides a no-fault process for getting medical treatment and lost wages quickly, but you can’t sue your employer for personal injury damages.
Third-Party Liability for Personal Injuries
Sometimes, workplace injuries are caused by someone other than your employer. You can sue these third parties for negligence. Common examples include:
Personal Injury Claims:
If a third party’s negligence injures you while you’re working, you can sue them. For example, if you’re driving for work and another driver hits you, you can sue the other driver.
Products Liability Claims:
If you’re injured by defective equipment or tools at work, you can sue the manufacturer. This includes injuries from industrial machinery, forklifts, construction tools, or safety equipment malfunctions.
Recoverable Damages
In a third-party lawsuit, you can recover more damages than through workers’ compensation. This includes:
- Economic Damages: Medical expenses, lost wages, and loss of earning capacity.
- Non-Economic Damages: Pain and suffering.
- Punitive Damages: In some cases.
Workers’ compensation only covers a fraction of lost wages and earning capacity. In contrast, a third-party lawsuit can provide full compensation.
Contact Experienced Lawyers
We have extensive experience in both personal injury and workers’ compensation cases. We can help you navigate the complex interaction between these systems to maximize your recovery.
Why Choose Us?
- Expert Analysis: We analyze all aspects of your case to find the best course of action.
- Multilingual Service: Our lawyers speak English and Spanish.
- No Win, No Fee: We offer free initial consultations and work on a contingency fee basis—you pay no legal fees unless we win your case.
If you’ve been injured in a workplace accident, let us help you get the compensation you deserve.