Catastrophic Injury · Third-Party Civil
California Work-Related Third-Party Civil Claims Attorney
Civil representation for California workers injured by parties other than their direct employer. Workers' compensation alone often does not cover the real loss; third-party civil claims fill the gap and produce significantly larger recoveries.
We don't handle workers' comp. We handle the third-party civil claims that often run alongside it.
What "third-party civil claim" means
When a worker is injured on the job, two separate legal systems can apply:
- Workers' compensation — the no-fault benefit system that the worker's employer's insurance typically pays. Covers medical expenses and partial wage replacement. Excludes pain and suffering. Limits overall recovery substantially.
- Third-party civil claim — a civil lawsuit against a party other than the worker's direct employer (a non-employer party whose negligence caused the injury). This is a full civil case with the full range of damages available — pain and suffering, lost earning capacity, life-care costs, the works.
Common third-party defendants
- Equipment manufacturers — for defective tools, machinery, scaffolding, lifts, vehicles, safety equipment
- General contractors — when the GC retained control over safety on a multi-employer construction site
- Other subcontractors — whose work created hazards that injured the plaintiff
- Property owners — when premises hazards (not employer-controlled) caused the injury
- Drivers — when the worker was injured by another driver's negligence while working (delivery drivers, tradespeople, salespeople)
- Chemical and product suppliers — for failures to warn, design defects, or formula problems
- Architects, engineers, design professionals — for design defects contributing to injury
How third-party recoveries interact with workers' comp
California workers' compensation insurers have a statutory lien on third-party recoveries (Cal. Lab. Code §§ 3850–3865) for benefits paid to the injured worker. The interaction is technical: the lien may be reduced by employer fault under Witt v. Jackson, 57 Cal.2d 57 (1961); allocated among damages categories; and negotiated as part of settlement structuring. After lien resolution, a third-party recovery can meaningfully exceed workers' comp benefits alone; the outcome depends on the facts, the liens, and the coverage.
Common case scenarios we handle
- Construction worker injured by another sub's negligence (overlap with our Construction Site Accidents page)
- Worker injured by defective equipment supplied by a non-employer manufacturer
- Delivery driver or service tech injured by another driver in a collision (overlap with Trucking)
- Worker injured on a customer's premises by a non-employer party's hazard
- Industrial workers injured by chemical exposure where the chemical supplier failed to warn
- Workers injured by other contractors on multi-employer worksites
Why employers often discourage third-party investigation
Employers and their workers' comp carriers sometimes downplay the third-party angle because (a) a third-party case can put the employer’s own share of fault under scrutiny — and employer fault can reduce or eliminate the comp lien (the Witt v. Jackson line) — and (b) the parties’ interests can diverge: the employer or its carrier may seek reimbursement or credit from a third-party recovery (Lab. Code § 3852), while any employer fault can reduce or defeat that recovery — so independent counsel should evaluate both the third-party claim and the lien or credit issues. This is your right — talk to a lawyer about whether a third-party civil case exists. We will give you an honest assessment.
Applicable California law
Cal. Civ. Code § 1714 (negligence); Cal. Lab. Code §§ 3850–3865 (workers' comp lien on third-party recoveries); Witt v. Jackson (employer fault offset); product liability framework; premises liability (Rowland v. Christian); Cal. Code Civ. Proc. § 335.1 (2-year statute of limitations); Privette v. Superior Court, Hooker v. Department of Transportation, and Kinsman v. Unocal for hirer liability framework.
Common Questions
Won't pursuing a third-party case mess up my workers' comp benefits?
Workers' compensation may continue while a third-party case is pending, but a later recovery can trigger the insurer's reimbursement or lien rights against the recovery and a credit against future compensation liability (Lab. Code §§ 3856, 3861). Employer fault and statutory exceptions can alter those rights. The effect on benefits and net recovery requires case-specific analysis by independent counsel.
My employer's insurance company says I should not talk to a lawyer about a 'third-party' case. Why?
The carrier's interests are its own: it holds statutory rights around any third-party case — including reimbursement, lien, and credit rights, and in some circumstances its own action against the third party (Lab. Code § 3852) — and those interests can diverge from yours. Your interest may be in identifying a third-party civil case that recovers the full extent of your damages. The advice you get from the comp carrier is not independent advice.
My injury was caused by my own employer's defective equipment. Can I sue them?
Generally no — workers' compensation is the exclusive remedy against your direct employer in most situations. But if the defective equipment was made or supplied by someone other than your employer (a manufacturer, a leasing company, a different contractor), that third party is fair game for a civil suit. We evaluate every case for non-employer defendants.
How is the workers' comp lien handled?
Through complex negotiation involving the comp carrier, our office, and (often) the third-party defendant. Witt v. Jackson (57 Cal.2d 57) reduces the lien based on employer fault. The lien is also allocated among damages categories. We handle the lien resolution as part of the case workup; the worker's net recovery is what matters.
For a confidential review of your case:
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan, APC is licensed in California.
“The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury.”
Chief Justice John Marshall · Marbury v. Madison (1803)