A California work injury usually goes through workers' compensation, but not always only that. Workers' comp is generally the exclusive remedy against your employer, yet when someone other than your employer caused the injury, you may also bring a separate personal injury claim for losses comp does not pay.
Workers' comp: no-fault, but limited
Under Labor Code § 3600, workers' compensation is generally the exclusive remedy against your employer. You do not have to prove fault, but the benefits are limited — medical care and partial wage replacement, with no payment for pain and suffering.
| Workers' comp | Personal injury (third party) | |
|---|---|---|
| Fault required? | No | Yes |
| Against | Your employer | A non-employer who caused the harm |
| Pain & suffering? | No | Yes |
| Full lost wages? | Partial | Yes, where proven |
When a personal injury claim is also possible
If a third party — a negligent driver, an equipment manufacturer, a subcontractor, or a property owner — caused your on-the-job injury, a separate third-party claim may recover what comp does not, including full lost earnings and pain and suffering.
Comp pays quickly but partially; a third-party claim can fill the gap comp leaves behind.
Pursuing both at once
The two can proceed together, though coordination matters because an employer's comp insurer may seek reimbursement from a third-party recovery. A free consultation can help identify every avenue for a workplace injury.
Frequently Asked Questions
Can I file both workers' comp and a personal injury claim?
Why file a personal injury claim if I have workers' comp?
Do I have to prove fault for workers' comp?
Who counts as a third party?
Will my employer's insurer take part of my recovery?
Can I sue my employer directly?
What does workers' comp cover?
How long do I have to act?
Have a question about your situation?
Our California personal injury attorneys offer free, confidential consultations.
Keep Reading
Related Articles
What Damages Are Available in a Wrongful Death Case?
Wrongful death damages in California cover both financial losses and the harder-to-measure loss of a loved one. Here is what may be recoverable.
Injured on Government Property: California's Six-Month Rule
A claim against a public entity runs on a different clock from every other injury claim in California — generally six months, not two years. Miss it and a strong case usually ends before it begins.
How Pain and Suffering Is Calculated in California Injury Claims
California puts no cap on pain and suffering in ordinary injury cases. Here is what these damages cover, how insurers estimate them, what really drives the value, and how fault affects your recovery.
Slip and Fall in a Store, Restaurant, or Supermarket
Retail and restaurant falls are the most common premises claims — and the most winnable, because businesses generate records. Sweep logs and camera footage usually decide them, if they are requested in time.
Slip and Fall Laws in California: Proving a Property Owner Was Negligent
Falling on someone else's property does not by itself create a claim. California asks a narrower question: did the owner manage the property as a reasonable person would have, and did they know about the hazard?
How Comparative Fault Works in California Injury Cases
California is a pure comparative fault state: being partly to blame reduces your recovery but never bars it. Here is how the percentages are set, what Proposition 51 changed, and how insurers use fault to cut claims.