Workplace Injury Lawyer Los Angeles

Workers comp covers the basics, but third-party claims have no cap. Most workers do not know they can pursue both. Former insurance defense attorneys at Lederer & Nojima identify every source of recovery.

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Workers compensation covers medical bills and partial wage replacement, but it caps your recovery and prohibits pain and suffering damages. Most injured workers do not know that if a third party contributed to their injury, they can file a separate personal injury lawsuit with no cap on damages. A contractor, equipment manufacturer, property owner, delivery driver, or negligent third party can all be sued in addition to your workers comp claim.

David Lederer and John Nojima are former corporate insurance defense attorneys. They know the distinction between workers comp and third-party liability. They investigate every workplace injury to identify defendants beyond your employer. They know which injuries qualify for third-party claims and how to prove liability when multiple parties contributed to the accident. They know how to maximize recovery by pursuing both claims simultaneously.

Third-party workplace injury claims are complex. The workers comp insurer has a lien on any third-party recovery, but California law allows reduction of that lien. Timing matters. Filing the third-party claim before settling workers comp can affect how much you keep. We coordinate both claims to maximize your net recovery.

01

Former Insurance Defense

David Lederer and John Nojima defended insurers for years before switching sides. They know every strategy the adjuster will use to reduce your settlement.

02

No Fee Unless We Win

Zero upfront cost. We work on contingency - our fee comes from your recovery. If we do not win, you pay nothing.

03

Free Consultation 24/7

Call any time. We respond to urgent matters around the clock and take over all insurer communication the day you hire us.

What Your Employer and Workers Comp Insurer Will Not Tell You

These are facts that benefit injured workers. Insurers do not volunteer them.

You can pursue workers comp and a third-party claim at the same time

Workers comp is not your only option. If a contractor, equipment manufacturer, property owner, or other third party contributed to your injury, you can sue them separately. Workers comp caps your recovery. Third-party claims do not. Most workers do not know this option exists.

Third-party claims allow pain and suffering damages

Workers comp does not pay for pain and suffering, loss of enjoyment of life, or emotional distress. Third-party personal injury claims do. For serious injuries, these damages often exceed the medical bills and lost wages. Insurers hope you settle workers comp and never learn about third-party liability.

You can reduce the workers comp lien on your third-party recovery

If you recover from a third party, the workers comp insurer has a lien on that recovery to recoup what they paid. California law allows negotiation and reduction of that lien based on attorney fees and costs. We reduce the lien and maximize what you keep.

Your employer may not have workers comp insurance

California law requires all employers to carry workers comp insurance. If your employer does not have coverage, you can sue them directly in civil court for full damages. This is one of the few situations where an employee can sue their own employer. We investigate your employer's insurance status immediately.

What We Do in Workplace Injury Cases

We investigate every workplace injury to identify third-party defendants. We review the accident scene, interview witnesses, inspect equipment, and obtain maintenance records. We identify contractors, subcontractors, equipment manufacturers, property owners, and any other party whose negligence contributed to your injury. We file third-party claims against all defendants with insurance coverage.

We coordinate your workers comp claim with your third-party personal injury lawsuit. We negotiate the workers comp lien to maximize your net recovery. We calculate your full damages including pain and suffering, future medical costs, and lost earning capacity. Workers comp does not pay these damages. Third-party claims do.

Lederer & Nojima, LLP is located at 12100 Wilshire Boulevard, Suite 480, Los Angeles, CA 90025. Call (310) 312-1860 for a free consultation. No fee unless we win.

Frequently Asked Questions

I already filed a workers compensation claim. Can I still sue?
Yes, if a third party caused your injury. Workers comp covers basic medical and wage replacement, but it does not allow pain and suffering damages and caps your recovery. If a contractor, equipment manufacturer, property owner, or other third party contributed to your injury, you can file a separate personal injury lawsuit with no cap on damages.
What is the difference between workers comp and a third-party claim?
Workers comp is a no-fault system that pays medical bills and partial wage replacement but prohibits suing your employer and does not allow pain and suffering damages. A third-party personal injury claim allows full recovery including pain and suffering, future lost wages, and punitive damages in some cases. Most injured workers do not know they can pursue both.
Who can I sue if I was injured at work?
Anyone except your direct employer. Common third-party defendants include subcontractors, equipment manufacturers, property owners, delivery drivers, and maintenance companies. We investigate every workplace injury to identify third-party liability. These claims often result in significantly higher recoveries than workers comp alone.
My employer does not have workers comp insurance. What do I do?
California law requires all employers to carry workers comp insurance. If your employer does not have coverage, you can sue them directly in civil court for full damages including pain and suffering. This is one of the few situations where you can sue your own employer for a workplace injury.
How long do I have to file a workplace injury claim in California?
Workers comp claims must be reported to your employer within 30 days and filed with the state within one year. Third-party personal injury claims have a two-year statute of limitations under California Code of Civil Procedure section 335.1. Do not wait - evidence disappears and witnesses forget. Call us immediately after the injury.

Related Practice Areas

Results may vary. Every case is unique. This page is for informational purposes and does not constitute legal advice. Contact Lederer & Nojima, LLP at 12100 Wilshire Boulevard, Suite 480, Los Angeles, CA 90025 or call (310) 312-1860.

Injured at Work in Los Angeles? Call Now.

No fee unless we win. Former insurance defense attorneys on your side.

Available 24/7  ·  No fee unless we win  ·  (310) 312-1860