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' compensation | Third-party injury claim | |
|---|---|---|
| Who you claim against | Your employer's insurer | Whoever caused it, other than your employer |
| Do you prove fault? | No. It is a no-fault system | Yes. Negligence must be shown |
| Medical treatment | Covered, within the system's networks and rules | Recoverable in full |
| Lost earnings | Partial wage replacement | Full past and future loss |
| Pain and suffering | Not available | Recoverable |
| Loss of enjoyment of life | Not available | Recoverable |
| Spouse's loss of consortium | Not available | Recoverable |
| Speed | Benefits start relatively quickly | Slower, 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
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.
Related
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.
Find out where you stand.
Tell us what happened and we will tell you honestly whether you have a claim worth bringing, what it is likely to involve, and how long it tends to take. The review is free and there is no fee unless there is a recovery.