We are proud to announce that Greenberg and Ruby partner Emily Ruby will be speaking at the 2025 CAALA Convention on Saturday, August 9th at 11:00 a.m. Her presentation, titled “Bringing a Winning Third-Party Action,” will address one of the most important and often misunderstood issues in injury law: how to successfully pursue compensation for injured workers beyond the limits of the workers' compensation system.

For attorneys who handle workplace injury cases, Emily's panel offers critical insight into how to identify third-party liability, overcome common defenses such as Privette, and build a strong case that fully compensates the injured worker. Drawing on her extensive experience as a trial lawyer for injured individuals, Emily will provide both legal context and practical tools to help attorneys strengthen their approach to third-party work injury claims.

Why This Topic Matters

Most people assume that if you are injured at work, your only option is a workers' compensation claim. While workers' comp plays a vital role in covering medical treatment and some wage loss, it rarely provides full compensation for the harm a worker suffers. Pain, emotional distress, long-term disability, and loss of future earnings are often not addressed through the workers' compensation system.

This is where third-party liability comes into play. If someone other than your employer contributed to the injury, such as a contractor, property owner, or product manufacturer, the injured worker may have the right to file a separate civil lawsuit. Under Labor Code section 3852, that right is protected by law.

Emily Ruby's session will focus on how attorneys can identify third-party defendants and build persuasive cases that give injured workers a path to full and fair recovery.

Overcoming the Privette Doctrine

Many attorneys are hesitant to pursue third-party claims due to the California Supreme Court's decision in Privette v. Superior Court (1993) 5 Cal.4th 689, which limits a hirer's liability for injuries suffered by the employees of independent contractors. While Privette is often used by defense attorneys to dismiss claims, Emily will show that there are multiple exceptions to this rule.

Her presentation will cover how to apply CACI 1009B, the retained control exception, as well as negligent undertaking claims under Restatement (Second) of Torts, Section 324A. Emily will also explain how to use evidence such as OSHA standards, industry regulations, and investigative tools to support these exceptions and overcome summary judgment.

In short, Privette is not the end of the road. With the right framing and factual support, attorneys can still prevail.

What to Look for in a Third-Party Case

Emily will share a screening checklist of scenarios where third-party liability is commonly found. These include:

• Car accidents that occur while the employee is working
• Construction site injuries involving multiple contractors or property owners
• Injuries from defective products or machinery
• Incidents involving hazardous materials or poor safety practices
• Falls caused by dangerous property conditions
• Electrocution or burn injuries due to power line failures or utility company negligence
• Injuries resulting from poor training or inadequate safety equipment

She will also provide a list of potential third-party defendants that attorneys may overlook, including general contractors, subcontractors, product manufacturers, lessors, mechanics, training providers, warehouse operators, and public entities.

Challenges in Litigating Third-Party Cases

Emily's presentation will not shy away from the practical hurdles of these cases. Gathering evidence, especially at the early stages, is crucial. Injured workers may be unable to recall the details of how an incident occurred, particularly in traumatic brain injury or fatal cases. Witnesses may be day laborers who are difficult to locate or hesitant to speak due to immigration concerns or fear of retaliation.

Emily will explain how to use public records, safety inspection data, product recall databases, OSHA reports, and company snapshots to begin building the case. She will also address how to collaborate with the client's workers' compensation attorney to gather relevant records and preserve critical information.

Building a Case Around General Tort Principles

One of the most important takeaways from Emily's session will be the reminder that third-party liability claims are grounded in general tort law. From negligence to premises liability, to products liability and negligent undertaking, the legal principles that apply in these cases are familiar to any experienced personal injury attorney. The key is recognizing when a third-party defendant's actions or omissions meet the standard for liability.

Emily will break down the elements of these causes of action, the jury instructions that support them, and the case law that backs them up. She will also share drafting tips for initial pleadings and complaints to ensure they preserve all potential theories of liability and survive early motions.

Why Emily Ruby Is a Leader in This Area

As a founding partner of Greenberg and Ruby Injury Attorneys, APC, Emily Ruby has built a career on fighting for the rights of injured workers and their families. Her track record includes significant recoveries in high-stakes workplace injury cases, many of which involved complex liability theories and challenging procedural issues. She brings compassion for her clients, sharp legal analysis, and trial readiness to every case.

Her leadership extends beyond the courtroom. Emily frequently speaks to legal associations and bar groups about cutting-edge developments in injury law. Her session at CAALA 2025 reflects not only her experience, but also her commitment to improving outcomes for injured workers across California.

Final Thoughts

If you represent workers injured on the job or are looking to expand your practice into third-party liability, do not miss this session. Emily Ruby's presentation at CAALA Convention 2025 on Saturday at 11:00 a.m. will offer attorneys the tools they need to fight harder and smarter for their clients.

At Greenberg and Ruby Injury Attorneys, we know that justice does not stop with workers' compensation. If you or someone you know has been injured at work, contact us to learn whether a third-party claim may be available. You deserve full compensation and the right legal team to help you get it.