Workplace slip and fall accidents are common, but many injured workers don’t realize they may have claims beyond workers’ compensation. When third parties contribute to workplace accidents, victims can pursue additional compensation through personal injury lawsuits. This guide explains third-party claims for Orange County workers injured in slip and fall incidents.
Workers’ Comp Limitations
Workers’ compensation provides:
- Medical treatment
- Temporary disability payments (2/3 wages)
- Permanent disability benefits
But it does NOT cover:
- Pain and suffering damages
- Full lost wages (only 2/3 typically)
- Punitive damages
- Loss of enjoyment of life
Common Third-Party Scenarios in Slip and Fall Cases
Property Owners and Managers
- Negligent maintenance of walkways, stairs, and restrooms
- Failure to warn of known hazards
- Improper lighting in work areas
Equipment Manufacturers
- Defective floor cleaning equipment
- Faulty non-slip mats or surfaces
- Dangerous machinery is causing spills
Contractors and Vendors
- Third-party cleaning services leave hazards
- Flooring contractors with improper installation
- Delivery companies are creating obstacles
Security Companies
- Inadequate premises security leading to accidents
- Poor lighting maintenance
Proving Third-Party Liability
Essential Elements
- Duty of care owed by a third party
- Breach of that duty (negligence)
- Causation linking negligence to your injury
- Damages suffered from the fall
Key Evidence
- Maintenance records showing neglect
- Witness statements about conditions
- Surveillance footage of the incident
- Expert testimony on safety standards
- Purchase orders identifying responsible parties
Benefits of Third-Party Claims
Additional compensation for:
- Pain and suffering (often substantial awards)
- Full economic losses
- Future medical care
- Punitive damages (if gross negligence)
Workers’ comp benefits continue alongside third-party recovery.
Strategic Considerations
Coordination Required
- Workers’ comp lien on third-party settlement
- Timing between workers’ comp and civil claims
- Evidence preservation across multiple parties
Ghassemi Law Group’s Expertise
- Experience coordinating workers’ comp and third-party claims
- Identifying all potentially liable parties
- Maximizing total recovery through strategic settlement negotiations
Frequently Asked Questions
Will workers’ comp benefits stop if I file a third-party claim?
No, you can pursue both simultaneously.
Who pays my lawyer for third-party claims?
Contingency fees, no payment unless you recover compensation.
How long do I have to file a third-party claim?
Typically, 2 years from the injury date in California.
Experience the Difference with Ghassemi Law Group
Since 2022, Ghassemi Law Group has secured substantial third-party settlements for Orange County workplace injury victims beyond workers’ comp limits. Call +1 949-868-8686 or email info@ghassemilawgroup.com for your free consultation. Visit 3 Park Plaza, Suite #480, Irvine, CA 92614. Maximize your workplace injury compensation with experienced third-party claim specialists.
