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. Net to the worker after lien resolution typically substantially exceeds workers' comp benefits alone — often by multiples.
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) successful third-party recovery means the employer's lien is paid back, reducing the carrier's loss, and (b) the worker's overall recovery doesn't directly benefit the employer. 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?
Generally no. Workers' comp benefits continue while the third-party case proceeds. The workers' comp insurer asserts a lien on the eventual third-party recovery for benefits paid, but the worker still typically nets substantially more than from workers' comp alone.
My employer's insurance company says I should not talk to a lawyer about a 'third-party' case. Why?
Their interest is in keeping the case in workers' compensation, where their exposure is capped. 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 is licensed in California.
“The cases we take are cases where the medical proof can carry the damages. That is not rhetoric — it is the test every file gets at intake.”
Law Offices of David L. Milligan · Fresno, California