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Oxnard & Ventura Personal Injury Attorneys

Workers' Compensation vs. Third Party


Many people think that if they are injured while they are on the job they only have a Worker’s Compensation case. However, under many circumstances there might also be a third party case against another defendant. This can happen in a number of situations. The following are just a few examples:

  1. A truck driver or delivery person that is injured when they are driving in the course of their employment and another driver causes an auto accident. Under these circumstances the injured worker would have both a Worker’s Compensation case, because the injury occurred while they were working, and also a third party case against the negligent driver that caused the accident.
  2. A person that works on a machine at work and that machine malfunctions and causes an injury. The worker would have both a Worker’s Compensation case and a Product Liability case against the manufacturer and possibly the distributor of the machine.
  3. A person that is working on property like a ranch, home, market or hotel that is owned by someone other than his or her employer may have a case against the owner if that person does something that makes the property dangerous and causes an injury.

Many times a third party case can have a higher value than a Worker’s Compensation case. If you are at all unsure it is very important to seek legal advice to make sure that you are not missing an important right.

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