Third-Party Claim
Legal basis: LC §3852
Definition
A civil lawsuit filed against a party other than the employer whose negligence contributed to the worker's industrial injury. Common examples include product liability claims against equipment manufacturers or negligence claims against property owners. The employer's workers' comp insurer has a lien against any third-party recovery.
Related Terms
Frequently Asked Questions
What is a Third-Party Claim?
A civil lawsuit filed against a party other than the employer whose negligence contributed to the worker's industrial injury. Common examples include product liability claims against equipment manufacturers or negligence claims against property owners. The employer's workers' comp insurer has a lien against any third-party recovery.
What is the legal basis for Third-Party Claim in California workers' compensation?
Third-Party Claim is governed by LC §3852 under California workers' compensation law. This statute defines the requirements, procedures, and standards for third-party claim in the workers' compensation system as of 2026.
How does the third-party claim process work in California?
The third-party claim process is part of California's workers' compensation system, governed by LC §3852. The procedure involves specific timelines, documentation requirements, and procedural steps that must be followed by all parties involved in the claim.