A traumatic brain injury (TBI) can permanently change your life. For California workers, workers’ compensation may cover some medical care and disability benefits — but it’s often not enough to account for the full damage caused by a brain injury.
That’s where third-party liability comes in.
At Employees First Labor Law (EFLL), we help injured workers pursue both workers’ comp claims and civil lawsuits when someone else’s negligence caused or contributed to a TBI.
Here’s what you need to know to protect your rights and secure full compensation.
🔹 What Is a Traumatic Brain Injury (TBI)?
A TBI is typically caused by a sudden blow or jolt to the head that disrupts brain function. These injuries range from mild concussions to severe, permanent brain damage. Common symptoms include:
- Memory loss
- Headaches and dizziness
- Cognitive decline or confusion
- Personality or mood changes
- Vision or speech issues
- Seizures
Brain injuries are often invisible and difficult to diagnose — which makes proving them especially complex without expert legal help.
🔹 Can You File a Third-Party Lawsuit for a Brain Injury at Work?
Yes — if someone other than your employer was at fault, you may be able to pursue a third-party civil lawsuit in addition to your workers’ comp claim. This is often the only way to recover compensation for pain and suffering, emotional distress, and long-term life care costs.
🔹 Common Examples of Third-Party Liability in TBI Cases
✅ Construction Accidents
- Falling tools or debris from another contractor
- Negligent operation of heavy machinery by a subcontractor
- Faulty scaffolding or guardrails installed by another party
✅ Equipment Malfunctions
- Defective helmets, ladders, or harnesses
- Machines that lack proper safety features
- Power tools that explode or eject projectiles
✅ Vehicle Collisions
- Driving as part of your job and getting hit by another driver
- Delivery or rideshare accidents
✅ Premises Liability
- Slip and fall at a client site due to unmarked hazards
- Unsecured objects falling in retail, warehouse, or commercial settings
🔹 Benefits of a Third-Party Lawsuit
While workers’ comp limits your recovery to wage replacement and medical care, a third-party lawsuit may allow you to recover:
- Pain and suffering
- Loss of future earning capacity
- Loss of consortium (for your spouse or family)
- Full future medical care
- Punitive damages (if the third party was reckless)
In catastrophic brain injury cases, these damages can be worth millions of dollars over a lifetime.
🔹 Why Choose Employees First Labor Law?
At EFLL, we do more than just file claims — we strategically build cases that maximize value by combining workers’ comp recovery with civil litigation.
Here’s what sets us apart:
✅ TBI-Focused Legal Teams
We work with top neurologists, neuropsychologists, and life care planners to prove the severity and long-term impact of your brain injury.
✅ Experienced in Third-Party Litigation
We have an in-house civil litigation team dedicated to identifying and pursuing third-party claims — including product liability, vehicle collisions, and contractor negligence.
✅ Comprehensive Recovery Approach
We handle both your workers’ comp claim and any lawsuit so nothing is missed — and you get every dollar you deserve.
✅ No Fees Unless You Win
We front the costs. You only pay if we recover for you.
📞 Call EFLL today for a free case review
📩 Contact Us Here – Let us investigate whether a third party may owe you compensation.
