Law Suits Against Parties Other Than Your Employer – 3rd Party PI Cases.

If the negligence of a 3rd party caused your injury, you may also have a personal injury case against that 3rd party in addition to your workers’ compensation case. Common examples of 3rd party cases are negligent motorists in work related auto accident cases, other contractors at a construction site, or a janitorial service where there is a trip and fall. If your employer was not at fault for your injury, the employer is entitled to recover the costs of providing you with workers’ compensation benefits from your personal injury case. This is called the employer’s 3rd party credit rights.

A summons and complaint for personal injury must be filed in the correct branch of the California Superior Court within one year of the date of the accident. If the 3rd party is a public entity, the statute for filing a claim form with the agency can be as little as six months.