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Workers' compensation, or a personal injury claim

If you were hurt at work you have probably been told workers' compensation is your only option. That is true about your employer and frequently untrue about everybody else — and the difference is usually the larger part of the recovery.

The difference that matters

Workers' compensationThird-party injury claim
Who you claim againstYour employer's insurerWhoever caused it, other than your employer
Do you prove fault?No. It is a no-fault systemYes. Negligence must be shown
Medical treatmentCovered, within the system's networks and rulesRecoverable in full
Lost earningsPartial wage replacementFull past and future loss
Pain and sufferingNot availableRecoverable
Loss of enjoyment of lifeNot availableRecoverable
Spouse's loss of consortiumNot availableRecoverable
SpeedBenefits start relatively quicklySlower, resolving with the claim

The bargain is deliberate: workers' compensation gives you benefits without proving anyone was at fault, and in exchange takes away the right to sue your employer. That trade is reasonable. What is unreasonable is being left to believe it applies to everyone who might have hurt you.

Who the third party usually is

  • Another contractor or subcontractor on a shared site
  • A manufacturer of a defective machine, tool or vehicle — see product liability
  • A maintenance or equipment rental company
  • A driver who hit you while you were working, including while driving for work
  • A property owner where you were working
  • A staffing arrangement, where the company directing your work is not your legal employer

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Two things people get wrong

The deadlines are different. Workers' compensation has its own notice and filing requirements with much shorter reporting periods. Missing them can forfeit benefits you are entitled to regardless of fault, so report the injury promptly even if you intend to pursue a third-party claim.

Immigration status does not matter. California law provides that status is irrelevant to the enforcement of state labor and employment protections, and it is generally inadmissible in a personal injury action. Both routes are available irrespective of status, and fear of this is the most common reason injured workers never ask.

Questions people ask

My employer says I can only claim workers' compensation.

Correct as against your employer; incorrect as a general statement. Workers' compensation bars claims against your employer, not against other companies. If another contractor, an equipment manufacturer, a maintenance company or a driver caused your injury, a third-party claim can run alongside and covers pain and suffering and full wage loss.

Can I pursue both at once?

Yes, and usually you should. Workers' compensation pays for treatment while the third-party claim develops. If both pay, the compensation carrier asserts a lien against the third-party recovery, which is routine and often negotiable.

I am undocumented. Can I claim?

Yes, both ways. California law makes immigration status irrelevant to the enforcement of state labor and employment protections, and it is generally inadmissible in a personal injury case.

Reviewed October 2026 by Simon Aziz Budhwani, Esq., the attorney responsible for this site. Legal statements here name the California code section they rely on, so you can check them rather than trust them. This is information about the law in general, not advice about your situation.

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