Navigating the Intersection of Workers’ Compensation and Personal Injury: An Expert’s Insight

As a renowned expert in the legal sphere, particularly in workers’ compensation and personal injury cross-over cases, Mark V. Larson of Larson, Larson & Dauer brings an impressive track record. His vast experience spans over many years and includes an undefeated track record, leading to millions of dollars secured in settlements for his clients.  This puts him uniquely positioned to educate others about the complexities involved in such cases.

According to Larson, a “cross-over case” is commonly used in the context of workers’ compensation cases. It refers to a scenario when multiple cases or claims arise from a single incident and are litigated simultaneously. Since California workers’ compensation generally operates under a no-fault system, an injured employee is eligible for workers’ compensation irrespective of employer negligence. But what if the injury was due to a third party’s fault?

“Injuries sustained due to the fault of third parties, such as negligent drivers in motor vehicle accidents, open up the possibility for you to receive workers’ compensation benefits, as well as potentially recover compensation from negligent third parties,” explains Larson. “Understanding this difference and the potential for greater compensation is crucial.”

At the core of these cases lies a fundamental yet often overlooked distinction. Workers’ compensation only provides very limited benefits and does not include those benefits available in civil cases, such as pain and suffering or other common general damages. However, a separate personal injury claim can be filed concurrently with the workers’ compensation claim to seek compensation for these additional damages, not otherwise provided in the workers’ compensation system.

“In cases involving severe injuries, the difference in the monetary recovery between the two can be vast, particularly when considering pain and suffering, cases requiring life care plans and loss of earnings capacity. That’s why hiring an experienced cross-over attorney in these situations is so vital,” Larson adds.

Two common civil claims are often involved in workers’ compensation cross-over cases. The first is referred to as a third-party claim and this is where another party, not your employer, directly or indirectly caused the injury, hence the term third-party. The second civil claim doesn’t involve a third party, but includes employment law causes of action against the employer, such as wrongful termination and/or discrimination.  These employment law causes of action often include monetary compensation, which greatly exceeds what is available in workers’ compensation and can include punitive damages, loss of earnings and even an award of attorney fees.

Larson explains that the fault in third-party claims may not be readily apparent in certain situations. “There can be many non-transparent third-party claims, like construction defect and product liability cases. For instance, if a faulty door hinge installed by an outside company leads to an injury at work, you have a workers’ compensation claim, but there could also be a third-party claim against that outside company.”

Mark V. Larson, with his profound experience and expertise, stresses the importance of hiring an experienced cross-over workers’ compensation attorney in the event of a severe accident at work. Having helped secure hundreds  of millions in settlements for his clients, he knows the value that expert legal guidance brings to such cases.

To learn more about Mark V. Larson’s expertise and services, visit the Larson, Larson & Dauer website at

While every case is unique, Larson’s track record and dedication to his clients stand out, making him a compelling figure in the legal field. He offers a wealth of wisdom and experience, underlining the importance of understanding the nuances of workers’ compensation and personal injury cross-over cases.

“Ultimately, the goal is to ensure you receive the maximum compensation you’re entitled to. That means looking beyond just workers’ compensation to other potential sources of recovery,” Larson concludes.

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