Third-Party Injury Claims

If you were injured in a construction accident caused by a company’s negligence or by another person, you may be entitled to lodging a third-party injury claim. In California, it is possible to lodge a third-party claim against the individual(s) responsible. For example, if a worker fell from an improperly designed scaffolding, he can claim workers’ compensation and file a third-party claim against the manufacturer of the scaffolding.

Workers’ compensation only pays two-thirds of a worker’s lost wages. In a third-party claim, it could be possible to recover 100% of lost wages, medical costs, future costs, pain, suffering and more. Workers, who are partially at fault, can still lodge a third-party claim.  The amount of compensation is dependent on the percentage of responsibility for the accident. For example, if the worker is 25% responsible they will receive 75% of the total settlement.  We work closely with your third-party attorney to maximize your benefits in your workers’ compensation case.

If you or a loved one was injured on the job, consult with a qualified Pleasanton work injury attorney at Robbins, Strunk & Cramer for a consultation about your potential case.

Would Proper Security Have Prevented Your Injury?

California Civil Code section 1714(a) states a property owner has the obligation to make sure that the property does not pose risks to those who enter by law. If an individual is injured on an owner’s property, they might have legal recourse against them for having an unsecure environment.

To have a negligent security claim, the injured victim must establish:  the property owner owed for duty of care, knew or should have known there was potential for criminal activity on the premise, inadequate security and directly caused your injury.

California courts assess the accountability of the property owner by balancing the foreseeability of the criminal act and burden of security measures that could have prevented it. Other factors could include if the property owner had similar incidents occurring on the property and if any steps were taken to address the issue.