Certified Specialist in California Workers’ Compensation

When you’re injured at work, workers’ compensation provides important benefits—medical treatment, temporary disability payments, and permanent disability compensation. But workers’ compensation has significant limitations:

• No compensation for pain and suffering
• Only partial wage replacement (2/3 of wages, not full wages)
• No punitive damages for egregious conduct
• Limited compensation compared to personal injury claims

Here’s what many injured workers don’t know: If someone other than your employer caused or contributed to your work injury, you may have a third-party personal injury claim in addition to your workers’ compensation case.

Third-party claims can provide:

• Full compensation for pain and suffering
• Complete wage loss recovery (not just 2/3)
• Compensation for loss of quality of life
• Punitive damages in egregious cases
• Substantially higher total recovery

At the Law Office of Joseph T. Todoroff, we identify and pursue all available claims to maximize your total recovery. As a Board-Certified Specialist in Workers’ Compensation Law, Joseph understands how to coordinate both your workers’ compensation case and third-party personal injury lawsuit to ensure you receive every dollar you’re entitled to.

One injury. Two claims. Maximum recovery.

• What is a Third-Party Claim?

  A third-party claim is a personal injury lawsuit against someone other than your employer who caused or contributed to your work injury.

  The “Third Party” Can Be:

  • Other companies or contractors
  • Equipment manufacturers
  • Property owners
  • Other drivers
  • Engineers or architects
  • Maintenance companies
  • Security companies
  • Product distributors
  • Any individual or entity other than your employer or coworkers

  Why Third-Party Claims Exist:

  California workers’ compensation is an “exclusive remedy” system—you generally cannot sue your employer for work injuries. In exchange for this immunity, workers’ compensation provides benefits regardless of fault.

  However, this immunity does NOT extend to third parties. If someone other than your employer caused your injury through negligence, recklessness, or intentional conduct, you can sue them for full personal injury damages.

Example:

Workers’ Compensation Only:

• Medical bills: Covered
• Temporary disability: $40,000 (2/3 wages for 1 year off work)
• Permanent disability: $75,000 (35% rating)
• Total: $115,000 (plus medical)

Workers’ Comp + Third-Party Claim:

• Workers’ comp benefits: $115,000
• Third-party recovery:
  • Lost wages: $60,000 (full wages, not just 2/3)
  • Pain and suffering: $200,000
  • Future lost earnings: $150,000
  • Loss of quality of life: $100,000
• Total third-party: $510,000
• Combined total: $625,000

The difference can be hundreds of thousands of dollars—or more.

3. Medical Provider Network (MPN) Issues

What is an MPN?

Most employers use a Medical Provider Network—a group of doctors, specialists, and facilities that have contracted with the insurance company to provide workers’ compensation treatment.

MPN Rules:

• You must generally treat within the MPN
• You can choose any doctor within the MPN
• You have the right to change doctors within the MPN
• After certain timeframes, you may be able to treat outside the MPN

Common MPN Problems:

Limited Specialist Access

• MPN doesn’t include the specialist you need
• Nearest MPN provider is too far away
• Long wait times for appointments
• MPN specialists have poor reputations

Inadequate Provider Directory

• Out-of-date contact information
• Providers no longer accepting workers’ comp patients
• Providers listed who don’t actually treat your type of injury

Difficulty Changing Doctors

• Insurance company won’t approve change of physician
• Claims you haven’t met requirements to change
• Limited options within MPN

How We Fight MPN Issues:

Predesignation If you designated your personal physician in writing before your injury, you can treat with that doctor instead of MPN providers.

Change of Physician Rights

• One-time change after 30 days
• Additional changes with employer agreement or good cause
• We help you navigate the change process

Treating Outside the MPN In certain situations, you can treat outside the MPN:

• MPN doesn’t have appropriate specialists
• Geographic access issues
• Emergency treatment
• MPN not properly implemented

We analyze your specific situation and fight for access to the best medical care—whether inside or outside the MPN.

1. Construction Site Accidents

Construction sites are the most common source of third-party liability claims because multiple companies, contractors, and subcontractors work on the same project.

Common Third-Party Defendants:

General Contractors

• Responsible for overall site safety
• Duty to ensure safe working conditions
• Liable for creating or allowing dangerous conditions
• Failed to coordinate subcontractor work safely

Subcontractors

• Other subcontractors whose work created hazards
• Failed to follow safety protocols
• Created dangerous conditions you were injured by

Property Owners

• Maintained dangerous conditions on property
• Failed to warn of known hazards
• Inadequate security leading to assault
• Structural defects causing injury

Equipment Rental Companies

• Rented defective or unsafe equipment
• Failed to maintain equipment properly
• Provided equipment without proper safety features

Engineers and Architects

• Defective design causing structural failure
• Failed to specify proper safety measures
• Design created inherently dangerous conditions

Common Construction Accidents with Third-Party Liability:

Falls from Heights

• Defective scaffolding manufactured by equipment company
• General contractor failed to ensure fall protection
• Property owner created dangerous condition

Struck by Falling Objects

• Crane operator (from another company) negligence
• Improperly secured materials by other contractor
• Defective equipment causing dropped loads

Electrocution

• Electrical subcontractor’s negligence
• Unmarked underground power lines (utility company liability)
• Defective electrical equipment

Trench Collapse

• Excavation contractor’s negligence
• General contractor failed to ensure proper shoring
• Defective trench protection equipment

Equipment Accidents

• Forklift operator from another company
• Defective machinery from manufacturer
• Rental company provided unsafe equipment

Real Example: Construction worker falls from defective scaffolding. Workers’ comp claim against his employer for medical treatment and disability benefits. Third-party product liability claim against scaffolding manufacturer for defective design. Combined recovery: Workers’ comp $150,000 + third-party settlement $850,000 = $1,000,000 total.

2. Motor Vehicle Accidents

If you’re injured in a car accident while working, you typically have both workers’ compensation and third-party claims.

Common Scenarios:

Delivery Drivers

• Injured by negligent drivers while making deliveries
• Workers’ comp covers immediate medical and lost wages
• Third-party claim against at-fault driver for full damages

Traveling Sales Representatives

• Accident while driving between client meetings
• Workers’ comp claim against employer
• Personal injury claim against other driver(s)

Truck Drivers

• Injured in collision with passenger vehicle
• Workers’ comp benefits from trucking company
• Third-party claim against at-fault driver
• May include trucking company liability if other truck involved

Workers Driving Between Job Sites

• Construction workers, service technicians, field workers
• Traveling between locations during work hours
• Workers’ comp covers injury as work-related
• Third-party claim against negligent driver

Passengers in Work Vehicles

• Injured while passenger in company vehicle
• Workers’ comp if vehicle driven by coworker
• Third-party claim against other negligent drivers

Additional Defendants in Motor Vehicle Cases:

Vehicle Manufacturers

• Defective vehicle design or manufacturing
• Airbag failures
• Brake defects
• Tire blowouts

Trucking Companies

• Negligent hiring or supervision of drivers
• Inadequate driver training
• Violations of federal trucking regulations
• Negligent maintenance of vehicles

Bars and Restaurants (Dram Shop)

• Over-served intoxicated driver who caused accident
• Potential liability under California dram shop laws

Government Entities

• Dangerous road conditions
• Inadequate signage or traffic controls
• Poor road maintenance

Real Example: Delivery driver T-boned by driver running red light. Suffers severe back injuries. Workers’ comp: $185,000 (medical treatment, temporary disability, permanent disability). Third-party settlement against at-fault driver’s insurance: $650,000 (full lost wages, pain and suffering, future medical costs, loss of quality of life). Total recovery: $835,000.

3. Defective Equipment and Products

When defective machinery, tools, or equipment cause your work injury, the manufacturer or distributor may be liable.

Product Liability Legal Theories:

Design Defect

• Product’s design is inherently unsafe
• Safer alternative designs were available
• Risk outweighs benefits

Manufacturing Defect

• Product manufactured incorrectly
• Differs from intended design
• Defect makes product dangerous

Failure to Warn

• Product is dangerous without proper warnings
• Manufacturer failed to provide adequate warnings or instructions
• Warnings were insufficient or unclear

Common Defective Equipment Cases:

Industrial Machinery

• Missing or inadequate safety guards
• Defective emergency stops
• Design flaws causing crush injuries
• Manufacturing defects causing malfunctions

Power Tools

• Saws, drills, grinders without proper guards
• Defective triggers or controls
• Tools that malfunction unexpectedly

Ladders and Scaffolding

• Defective design causing collapse
• Manufacturing defects in welds or connections
• Inadequate warnings about weight limits

Forklifts and Material Handling Equipment

• Defective brakes or steering
• Tip-over hazards due to design
• Missing safety features

Personal Protective Equipment

• Defective safety harnesses that fail
• Hard hats that don’t provide adequate protection
• Safety glasses that shatter on impact

Vehicles and Heavy Equipment

• Defective brakes, steering, or other safety systems
• Rollover risks due to design
• Inadequate operator protection

Who Can Be Sued:

Manufacturers

• Original equipment manufacturers (OEMs)
• Component manufacturers
• Companies that assembled or modified equipment

Distributors and Retailers

• Companies that sold defective equipment
• Strict liability even if they didn’t know of defect

Wholesalers

• Companies in the chain of distribution

Real Example: Manufacturing worker’s hand crushed in press with defective safety guard. Workers’ comp: $225,000 (multiple surgeries, permanent disability for hand injury). Product liability claim against press manufacturer: $1,200,000 (proven design defect, safer guards available, failure to retrofit). Total recovery: $1,425,000.

4. Premises Liability

Property owners have a duty to maintain safe conditions. When unsafe property conditions cause your work injury, the property owner may be liable.

Common Premises Liability Scenarios:

Slip and Fall Accidents

• Wet or slippery floors without warnings
• Uneven surfaces or trip hazards
• Poor lighting in walkways
• Debris or obstacles in walkways

Falling Objects

• Improperly stored materials falling from shelves
• Unsecured items falling from heights
• Falling ceiling tiles or fixtures

Structural Defects

• Collapsing stairs, decks, or balconies
• Failing railings or guardrails
• Unsound floors or platforms
• Deteriorating structures

Inadequate Security

• Assault by third parties
• Robbery or violence
• Insufficient security in high-crime areas
• Broken locks or security systems

Dangerous Conditions

• Exposed electrical wiring
• Hazardous chemicals improperly stored
• Unmarked excavations or holes
• Swimming pools without proper barriers

Who Can Be Sued:

Property Owners

• Commercial property owners
• Residential property owners
• Government entities (special rules apply)

Property Managers

• Companies responsible for maintenance
• Building management companies

Tenants

• May have duty to maintain safe conditions in leased space

Real Example: Service technician slips on unmarked wet floor in commercial building, suffers severe back injury requiring surgery. Workers’ comp: $175,000. Premises liability claim against property owner (who failed to mark wet floor or provide adequate warnings): $425,000. Total recovery: $600,000.

5. Toxic Exposure and Occupational Diseases

When third parties expose you to toxic substances or create hazardous conditions causing occupational disease, they may be liable.

Common Toxic Exposure Cases:

Asbestos Exposure

• Building owners who failed to disclose asbestos
• Asbestos product manufacturers
• Companies that negligently handled asbestos

Chemical Exposure

• Chemical manufacturers (defective products)
• Property owners with toxic contamination
• Companies that improperly stored or handled chemicals

Mold Exposure

• Property owners with mold problems
• Building contractors who created moisture problems
• HVAC companies that maintained systems improperly

Lead Exposure

• Property owners with lead paint
• Product manufacturers
• Contractors who disturbed lead paint improperly

Other Toxic Substances

• Industrial cleaners and solvents
• Pesticides and herbicides
• Silica dust
• Welding fumes (from defective equipment or products)

Real Example: Worker develops mesothelioma from asbestos exposure on job sites over 30 years. Workers’ comp claim provides medical treatment and disability benefits. Third-party claims against multiple asbestos product manufacturers: Multi-million dollar settlements. Combined recovery provides comprehensive compensation for devastating disease.

6. Assaults and Intentional Acts

When you’re assaulted at work by someone other than a coworker, you may have third-party claims.

Common Scenarios:

Customer or Patron Assault

• Retail workers assaulted by customers
• Healthcare workers assaulted by patients
• Restaurant/bar employees assaulted by patrons
• Security guards assaulted while on duty

Negligent Security Claims

• Property owner failed to provide adequate security
• Known high-crime area without security measures
• Broken security systems not repaired
• Inadequate lighting enabling assault

Third-Party Violence

• Robbery by external criminals
• Gang violence in workplace parking lot
• Random acts of violence in public-facing jobs

Who Can Be Sued:

The Assailant

• Direct liability for intentional act
• Often limited ability to pay (judgment-proof)

Property Owners (Negligent Security)

• Failed to provide adequate security given known risks
• More likely to have insurance coverage
• Viable source of recovery

Security Companies

• Negligent in providing security services
• Failed to respond appropriately to threats

Real Example: Security guard assaulted in parking garage. Workers’ comp: $150,000 (medical treatment, lost wages, PTSD treatment, permanent disability). Third-party claim against property owner for negligent security (known history of assaults, inadequate security presence, poor lighting): $450,000. Total recovery: $600,000.

Strategic Considerations:

Simultaneous Pursuit We pursue both claims simultaneously to:

• Preserve evidence for both cases
• Ensure statute of limitations deadlines met
• Coordinate medical evidence efficiently
• Maximize pressure on all parties to settle

Settlement Timing Strategic timing of settlements can:

• Maximize total recovery
• Reduce workers’ comp lien amounts
• Ensure ongoing medical care when needed
• Optimize tax treatment

Medical Treatment Coordination Both claims require medical evidence:

• Same medical records support both cases
• Consistent medical testimony
• Comprehensive documentation of injuries
• Unified approach to proving damages

Building Your Case

Third-party personal injury claims require proving negligence or liability by the third party.

Elements of Negligence:

1. Duty of Care: Third party owed you a duty of care
2. Breach of Duty: Third party breached that duty through negligence
3. Causation: Breach caused your injury
4. Damages: You suffered compensable damages

Types of Evidence:

Accident Scene Evidence

• Photographs and videos
• Physical evidence
• Measurements and diagrams
• Witness statements

Safety Violations

• OSHA citations
• Building code violations
• Industry standard violations
• Equipment defects

Company Records

• Maintenance records
• Inspection reports
• Training records
• Prior incident reports

Expert Testimony

• Accident reconstruction experts
• Engineering experts
• Industry safety experts
• Medical experts

Documentation

• Police reports
• Incident reports
• Medical records
• Employment records

Act Quickly—Deadlines Are Strict

General Rules:

• Personal Injury: Two years from date of injury
• Property Damage: Three years from date of damage
• Government Claims: Six months to file claim, then lawsuit if denied

Exceptions:

Discovery Rule If you didn’t immediately discover who caused your injury or that injury was caused by third party, deadline may run from date of discovery.

Minor Children Special rules extend deadlines for injured minors.

Government Defendants Strict procedural requirements:

• File administrative claim within 6 months
• Wait for response or denial
• Then file lawsuit within specified time

Why Early Action Matters:

• Evidence disappears over time
• Witnesses forget details or become unavailable
• Companies destroy records after certain periods
• Surveillance footage erased
• Physical evidence removed or repaired

Missing the deadline means losing your claim entirely—no exceptions.