What is a "third party" claim?

A third party claim is a civil lawsuit against someone other than your employer or a coworker who helped cause your injury. Under California's workers' compensation system, you generally cannot sue your own employer for a workplace injury, even if the employer was careless. That trade off is called the "exclusive remedy" rule under Labor Code section 3600. But that rule only protects your employer and, in most cases, your coworkers. It does not protect outside companies or individuals who were not part of your employer's workforce.

If someone outside your employment relationship did something negligent or reckless that hurt you on the job, you may have a separate legal claim against that person or company. This claim exists apart from your workers' comp case and follows different rules, deadlines, and courts. You are allowed to pursue both at the same time under Labor Code section 3852.

This article is general information about California workers' compensation, not legal advice about your situation. Every case is different.

Yazdchi Law, P.C. — Eman Yazdchi, responsible attorney. Office: Palmdale, California. Attorney advertising.