There is a question that can completely change the outcome of your case, and almost no worker asks it: who really caused my injury? If someone other than your employer was at fault for your work accident in Los Angeles, you may have two cases at once: your workers’ compensation and a separate lawsuit against that third party. And that second lawsuit is often worth much more than the compensation itself. Most people collect only their compensation and let go, without knowing it, of the most valuable part.
Insurers will not tell you about this second path; on the contrary, they prefer that you collect little and go away. That is why it is so important for an attorney to investigate who was involved in your accident. At the Law Office of Jacobson & Associates, we have spent more than 30 years investigating work accidents for Hispanic workers in Los Angeles. We review your case for free, we speak Spanish, and we charge nothing until we win. Call 1-800-529-7910 now, or see how we help on our Los Angeles workplace accident lawyer page.
Yes, you can file a claim and sue at the same time
Your workers’ compensation covers your medical treatment and part of your wages no matter who was at fault; that is what it is for. But if a third party, meaning a person or company other than your employer, caused your injury, you can also file a personal injury lawsuit against that third party. The two cases move forward at the same time and seek different things, so you do not have to choose between them.
This applies the same regardless of your immigration status or whether you are paid in cash. Your right to sue whoever harmed you does not depend on papers. If you are undocumented and worried, read our guide on your rights if you are undocumented.
Who counts as a “third party”?
A third party is anyone who is not your direct employer or a coworker. In Los Angeles accidents, the most common third parties are the maker of a defective machine, tool, or piece of equipment; a different contractor or subcontractor on a jobsite; the owner of the property where you were injured; a negligent driver who hit you while you were working; or a maintenance or chemical company whose work or product harmed you.
Recognizing the third party is not always obvious, especially when several companies are working in the same place at once, like on a jobsite or in a warehouse. That is why we investigate the entire accident, company by company, to uncover everyone who should answer for your injury.
Why a third-party lawsuit is worth more
This is the key difference you must understand. Workers’ compensation does not pay for your pain and suffering, and it only covers part of your wages. A third-party lawsuit, on the other hand, does cover 100% of your lost wages, both past and future, your pain and suffering, all your medical expenses, including those to come, and the real impact on your life and your family.
That is why, for serious injuries, the case against a third party often recovers much more than compensation alone. For a Los Angeles worker left with a serious injury, that difference can mean the family’s financial security for years. Learn more about how to file a work injury claim.
Examples by industry in Los Angeles
In construction, the third party may be the general contractor, a subcontractor other than yours, the property owner, or the maker of a defective scaffold or saw; if that is your case, review our guide on construction work injuries. In the warehouses of Vernon and Commerce, it may be the maker of a defective forklift or the warehouse owner if you are not their direct employee; learn more in our guide on warehouse injuries.
If you were injured in a fall from a height because of defective equipment, there is often a third party involved; understand your rights in our guide on falls from scaffolds or ladders. In each Los Angeles industry there is a different list of possible responsible parties, and the key is having someone review it thoroughly.
The defective product case
One of the most common forms of third-party responsibility is defective equipment. If a machine lacked proper guards, if a tool failed, or if a ladder broke because of a manufacturing defect, the maker can be responsible. These “defective product” cases can be worth a lot, because they do not depend on proving someone was careless, but on the product being dangerous. Preserving the equipment that injured you, if possible, can be decisive evidence.
Beware of the insurer’s “lien”
Here is something important you should know. When you win money from a third party, the comp insurer usually has a right to be reimbursed for part of what it paid for your treatment; this is called a “lien.” If you do not know how to handle it, that reimbursement can eat up a good part of your recovery. An experienced attorney negotiates and reduces that lien so you keep as much as possible. Doing it alone, without knowing how, can cost you thousands of dollars.
How a third party’s responsibility is proven
Proving a third party was at fault requires investigation, and that is where many workers on their own fall short. You have to reconstruct how the accident happened, identify every company and piece of equipment involved, obtain photos, videos, reports, and witnesses, and often bring in experts to explain what failed. That evidence disappears fast: in Los Angeles, cameras are erased, sites are cleaned, and companies “fix” what went wrong.
That is why time is so important. The sooner an attorney steps in, the more evidence can be preserved before it disappears. We do that detective work to find and hold each third party accountable, while you focus on recovering.
Both cases move forward in parallel
You do not have to choose between your compensation and your lawsuit; they go together. You keep receiving your medical treatment and disability payments through the compensation, while the lawsuit against the third party is prepared and moves forward on its own track. A good attorney coordinates both so they strengthen each other and so you do not leave a single dollar on the table.
The deadlines you cannot let pass
The two cases run on different clocks. For workers’ compensation, in general you must report within 30 days and file the claim within one year. For the third-party lawsuit, in California the deadline is usually two years from the accident. The problem is that the evidence the lawsuit needs disappears long before those two years. Do not let time decide for you: every week counts.
What to do to protect both cases
Act from day one. Report the injury to your employer and open your comp claim. Identify everyone present: write down which companies, equipment, or vehicles were involved. Take photos of the scene, the equipment, and your injuries, and keep witness names. Do not give recorded statements to any insurer without an attorney. And preserve, if you can, the equipment that injured you. Each of these steps protects both your compensation and your possible lawsuit.
Mistakes that cost the most valuable part of your case
The biggest mistake is collecting only the compensation and never asking whether there was a third party. Many Los Angeles workers let go of the most valuable part that way. The second mistake is waiting and losing the evidence. The third is giving recorded statements they later use against you. The fourth is accepting a settlement without an attorney checking whether there is a separate lawsuit. And the fifth is handling the lien tangle alone and ending up handing much of your money to the insurer.
Auto accidents at work: a classic third party
One of the most common third-party cases in Los Angeles happens on the street. If you were hit while driving for work, whether delivering, running errands, in a company van, or traveling between sites, the driver who caused the crash is a third party you can sue. In a city with the traffic of Los Angeles, these work crashes happen every day, and often the worker collects only their compensation without knowing the other driver owed them much more.
These cases usually involve several insurers: the at-fault driver’s, your employer’s, and sometimes your own car’s, which can cover when the responsible party lacks enough insurance. Sorting out that tangle is part of our job, so that each insurer pays what it owes and you receive everything you deserve.
How much a third-party lawsuit may be worth
No two cases are alike, so be wary of anyone who promises a figure over the phone. The value of a third-party lawsuit depends on how serious your injury is, how long you cannot work, the permanent effects you are left with, and how clear the third party’s fault is. A serious injury caused by defective equipment or another company’s negligence can be worth far more than workers’ compensation on its own.
What we can promise is that we fight for every part: 100% of your lost wages, your pain and suffering, and all your medical expenses, present and future. In Los Angeles, adding the compensation and the third-party lawsuit up well is what separates a fair settlement from a handout.
What we have seen in Los Angeles
Over more than 30 years in Los Angeles, we have seen many workers let go, without knowing it, of the most valuable part of their case. They came in thinking they only had their compensation, and on investigation we found a manufacturer, a contractor, or a driver responsible who owed them much more. In several of those cases, the lawsuit against the third party completely changed the family’s future.
We do not share names, because we respect our clients’ privacy, and we do not promise an exact result, because every case is different. But we honestly tell you that it is worth having someone thoroughly review who caused your accident before you accept a single check.
Why you need an attorney on your side
Finding the responsible third party requires investigating the scene, the equipment, and every company involved, something the insurer will never do for you. Attorney Jerry Jacobson and his team speak Spanish, know the Hispanic community of Southern California, handle the compensation and the third-party lawsuit at once, and have recovered more than $250 million for workers in Los Angeles over more than 30 years.
We have turned many “simple” compensation cases into much larger recoveries by uncovering a responsible third party no one had investigated. We cannot promise an exact result, because every case is different, but we can promise to review your entire case so nothing is left out.
Our process, clear and with no surprises
We work transparently. The consultation is free and available in Spanish. We explain, in plain words, whether there is a responsible third party in your case and what it may be worth. There are no hidden costs, and we only get paid if we win, on a contingency-fee basis. We are available 24/7. From the first call, you will understand your real options.
The third-party lawsuit process, step by step
Knowing how a third-party lawsuit works removes the fear of the unknown. It all starts with the investigation: we gather the accident evidence, identify the responsible company or person, and document your injuries and your losses. With that, the formal lawsuit is filed. Then comes a stage of information exchange between the parties, where documents are requested, statements are taken, and, if needed, experts are brought in to explain what failed.
The vast majority of these cases in Los Angeles resolve with a settlement before trial, because the responsible company prefers to pay rather than risk a jury. But if the other side does not offer what is fair, we are ready to take your case to trial. While all this happens, you keep receiving your treatment and your payments through workers’ compensation; you do not have to wait for the lawsuit to end to get care. We handle both fronts at once so nothing is lost and you receive everything you are owed.
Frequently Asked Questions
Can I sue a third party and receive workers’ compensation at the same time?
Yes. The two cases are separate. Comp covers treatment and part of your wages; the third-party lawsuit covers 100% of your lost wages, your pain and suffering, and more.
Who can be a responsible third party?
Anyone who is not your employer or coworker: the maker of defective equipment, another contractor, the property owner, a negligent driver, or a maintenance company.
Why is a third-party lawsuit worth more?
Because it covers things comp does not pay: 100% of your lost wages, your pain and suffering, and all your medical expenses, including future ones.
What is the insurer’s “lien”?
It is the comp insurer’s right to be reimbursed for part of what it paid when you win money from a third party. An attorney negotiates and reduces that reimbursement so you keep more.
How long do I have to sue a third party?
In California, a personal injury lawsuit usually has a two-year deadline. Do not wait, because the evidence disappears long before that.
I am undocumented. Can I sue a third party?
Yes. Your immigration status does not take away your right to sue whoever caused your injury.
How much does an attorney cost?
Nothing up front. We work on a contingency fee: we only get paid if we win. The consultation is free and available in Spanish.
Do not leave money on the table. Have your full case reviewed today.
If a third party caused your work injury, you could be letting go, without knowing it, of the most valuable part of your case. The insurer will not tell you; we will. Do not accept a settlement or let the deadlines pass without someone investigating who is truly responsible.
Contact us right now. We review your case free and in Spanish, with no obligation and no hidden costs.
Law Office of Jacobson & Associates
3580 Wilshire Blvd, Ste 1600, Los Angeles, CA 90010
Phone: 1-800-529-7910 — Available 24/7, in Spanish or English.
Request your free case evaluation here or call now at 1-800-529-7910 to speak with attorney Jerry Jacobson.