Injured on the job? You may have rights beyond workers' compensation alone.
Workers' Comp Is No-Fault but Limited
California workers' compensation pays for medical care and a portion of lost wages regardless of fault, but it does not pay for pain and suffering.
Its no-fault nature is a benefit, but its limits leave real losses uncompensated.
What Workers' Comp Does Not Pay
Workers' comp does not provide compensation for pain and suffering, full lost wages, or loss of quality of life. For serious injuries, this gap can be enormous.
A third-party claim can fill that gap when someone other than the employer is responsible.
When a Third Party Is Responsible
If a non-employer — a negligent driver, a property owner, or a product manufacturer — contributed to your workplace injury, you may have a separate claim against them.
This third-party claim allows recovery beyond workers' comp limits.
Common Third-Party Scenarios
Examples include a delivery driver hurt by another motorist, a worker injured by defective equipment, or a contractor hurt by another company's negligence on a shared site.
Each opens a path to fuller compensation.
Pursuing Both Claims Together
You can often pursue workers' comp and a third-party claim at the same time, though coordination is needed because the comp insurer may seek repayment from the third-party recovery.
Handling this interplay correctly maximizes what you keep.
Maximizing Your Total Recovery
Combining benefits while managing repayment rights is how injured workers achieve the fullest possible recovery.
A free case review can identify whether a third-party claim is available to you.
This article is for general informational purposes only and is not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed California attorney.