Workplace injury cases run on two tracks: workers' compensation against the employer (the exclusive remedy under Labor Code §3700) and third-party tort against any other party whose negligence contributed.
Call (888) 528-8595 for a free consultationA California workplace injury case runs on two tracks. The first track is workers' compensation against the employer under Labor Code §3700 — comp is the exclusive remedy against the employer for most workplace injuries, regardless of fault. Comp covers medical care and a percentage of wages. The second track is third-party tort against any party other than the employer whose negligence contributed to the injury — equipment manufacturers, contractors on the same site, premises owners, motor-vehicle drivers, defective-product manufacturers. The third-party case covers the gap that comp does not cover — full medical, full lost wages, pain and suffering, loss of consortium, disfigurement, future medical projections.
On the comp side, California workers'-comp claims proceed at the Workers' Compensation Appeals Board. The framework is no-fault: an injured worker is entitled to benefits regardless of whether the employer was negligent (with limited exceptions for intoxication, willful misconduct, etc.). Benefits include medical care, temporary disability indemnity, permanent disability indemnity, supplemental job displacement benefits, and death benefits.
On exclusivity-bar exceptions, narrow exceptions exist to allow direct suits against employers: physical assault by employer (Labor Code §3602(b)(1)), fraudulent concealment of injury (Labor Code §3602(b)(2)), defective product manufactured by employer (Labor Code §3602(b)(3) — dual-capacity doctrine, narrowly applied), and certain power-press cases. The exceptions are narrow and litigated case by case.
On Cal/OSHA framework, California workplace safety is governed by Cal/OSHA Title 8 (under federal OSHA delegation). Cal/OSHA inspections, citations, and accident reports are admissible as evidence of the standard of care. Federal OSHA standards at 29 CFR Parts 1910 (general industry) and 1926 (construction) apply in addition.
Burg & Brock has handled catastrophic-injury cases out of the Sherman Oaks headquarters and the regional offices since the firm's founding more than two decades ago. The firm tries cases. Carriers settle differently with firms that have taken comparable cases through trial. Settlement value of an LA County serious-injury case correlates strongly with the demonstrated willingness of plaintiff's counsel to seat a jury.
On infrastructure, the firm has standing relationships with board-certified life-care planners, forensic economists, vocational-rehabilitation experts, biomechanical engineers, accident reconstructionists, and the treating-team physicians at Cedars-Sinai, Ronald Reagan UCLA, Harbor-UCLA, Keck Medical Center of USC, Rancho Los Amigos National Rehabilitation Center, and Casa Colina Hospital and Centers for Healthcare. The expert-witness package is in place at intake.
On compensation structure, Burg & Brock works personal-injury cases on a contingency-fee basis. There is no upfront cost to the client. The fee is a percentage of the recovery, disclosed in the engagement letter. Case costs — expert fees, deposition transcripts, court-filing fees, life-care planner fees, economist fees — are advanced by the firm and reimbursed from the recovery. The consultation is free; a lawyer is available twenty-four hours a day on the (888) 528-8595 line. Spanish-speaking staff at every office.
California workplace injury law runs through workers' compensation, the third-party tort framework, and Cal/OSHA safety standards.
Privette v. Superior Court (1993) 5 Cal.4th 689, Hooker v. Department of Transportation (2002) 27 Cal.4th 198, Kinsman v. Unocal Corp. (2005) 37 Cal.4th 659 — Privette/Hooker/Kinsman framework for construction and site-specific cases.
Greenman v. Yuba Power Products (1963) 59 Cal.2d 57 — strict products liability against equipment manufacturers. Howell v. Hamilton Meats & Provisions (2011) 52 Cal.4th 541 — medical-bill admissibility.
Workplace cases require parallel comp and third-party-tort coordination.
Operational note: the comp lien on a third-party recovery is negotiable. Burg & Brock negotiates the lien at the end of the case to maximize the client's net recovery.
Workplace third-party liability typically reaches multiple defendants. The standard analysis includes:
The employer is generally barred by workers'-comp exclusivity except in the narrow Labor Code §3602 exceptions. Third-party tort is the principal recovery mechanism beyond comp.
Economic damages on workplace third-party cases follow standard tort framework. The third-party recovery covers full medical, full lost wages, future medical care, lost earning capacity, and household services. The comp benefits are credited or reimbursed through the comp lien.
Non-economic damages cover pain and suffering, disfigurement, loss of enjoyment of life, and loss of consortium for a spouse.
Punitive damages under Civil Code §3294 in cases where the third-party defendant's conduct supports clear-and-convincing-evidence findings of malice.
| Case profile | Reported range | Drivers |
|---|---|---|
| Workplace fracture with surgical fixation | $185,000 – $625,000 | Comp plus third-party tort against equipment manufacturer or other contractor. |
| Workplace TBI | $525,000 – $1.8 million | Documented LOC, neuropsych testing. |
| Workplace catastrophic injury | $1.4 million – $5 million | Spinal-cord, severe TBI, life-care plan. |
| Toxic-exposure case | $385,000 – $4+ million | Long-term exposure documentation, future-medical projections. |
| Workplace wrongful-death | $1.5 million – $8+ million | CCP §377.60 heirs. |
Past results do not guarantee future outcomes. Each case is evaluated on its own facts and applicable law.
Burg & Brock has tried workplace third-party tort cases through Privette/Hooker/Kinsman analysis, equipment-manufacturer discovery, and Cal/OSHA records subpoenas. The two-track comp-and-tort coordination is standard practice.
Contingency fee. Free consultation.
Workers'-comp claims at the Workers' Compensation Appeals Board. Third-party tort cases in LA County Superior Court — Stanley Mosk Courthouse — for cases in LA County.
Cases against public-entity defendants require Government Code §911.2 written claim within six months.
No fee unless we recover. Free consultation. Seven California offices, including Sherman Oaks (HQ), Glendale, Beverly Hills, Irvine, Bakersfield, Visalia, and Modesto.
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