Open now · someone answers 24/7|Se habla español
Already a client? Call 888.222.8286
Home/Publications/Work injuries
From Advocate magazine · Updated

Hurt at work in California? When you can claim more than workers’ comp

What workers' compensation leaves out, when someone other than your employer is responsible, and how to protect that second claim.

Reza Torkzadeh
By Reza Torkzadeh and Allen P. WilkinsonBased on an Advocate magazine article, July 2022 · Updated September 2026 · 2 min read
Key points
  • Workers' comp pays for medical care and part of lost pay, but not pain and suffering.
  • You usually cannot sue your employer, but you can often bring a claim against others who caused the injury.
  • Drivers, property owners, equipment makers and other companies on a job site are common examples.
  • The workers' comp insurer is usually repaid from that claim, so the numbers should be looked at early.

Most people hurt at work are told the same thing: file a workers’ compensation claim, and that’s it. Workers’ comp matters, and it pays without anyone having to prove fault. But it was never designed to pay for everything an injury takes from you. When someone other than your employer caused the injury, you may have a second claim that can.

What workers’ comp leaves out

Workers’ compensation pays for medical care and part of your lost pay, and in some cases retraining. It does not pay for pain and suffering, for the full income you lose if you can’t go back to the same work, or for the harm to your marriage. For a serious injury, the gap between what workers’ comp pays and what the injury actually costs can be very large.

Why you usually can’t sue your employer

In exchange for no-fault benefits, workers’ comp is usually the only claim you have against your own employer and your co-workers. The law makes a few narrow exceptions, for example when an employer has no workers’ comp insurance at all. Those exceptions are rare. The real opportunity is usually somewhere else.

Who else can be responsible

A separate injury claim is possible against anyone other than your employer whose carelessness or defective product caused the injury. Common examples:

  • A driver who hit you while you were driving or making deliveries for work.
  • A property owner whose unsafe stairs, floors or walkways hurt you at a job site or a customer’s home.
  • A manufacturer of a defective forklift, lift, scaffold, power tool or machine.
  • Another company on the job site, such as a subcontractor whose crew created the hazard.
  • A doctor who made your work injury worse through careless treatment.

Construction sites have their own rules

On a construction site, the company that hired your employer is usually not responsible for your safety, because the law presumes it handed that job to your employer. There are exceptions: when the hiring company kept control over safety and its decisions made things worse, or when it knew about a hidden hazard and did not warn anyone. These cases turn on facts that disappear quickly, so they need to be looked at early.

$15MRecovery · workplace injury
Recovered for a worker hurt on the job.See our results →

Does a second claim make sense?

The workers’ comp insurer is usually paid back from what the second claim recovers. For a minor injury, that can leave little for you. For a serious injury, the second claim is often where most of the recovery is. An honest look at the numbers should come first. We handle the claim against the other companies, not the workers’ comp claim itself, and we tell you plainly if your case is a workers’ comp case only.

What to do now

  • Report the injury to your employer in writing and keep a copy.
  • Get the names of every company on the site, the equipment and its owner, and witnesses.
  • Photograph the equipment and the scene, and ask that the equipment be kept, not repaired.
  • Don’t sign anything from another company or its insurer. Deadlines vary. Act early.

Read more about work injuries and construction site accidents.

About this article. Based on "Breaking the bonds of workers’ compensation" by Reza Torkzadeh and Allen P. Wilkinson, Advocate magazine, July 2022. Used with permission. Read the original (a subscription may be required).Reviewed by Tracy Horn, September 2026.General information, not legal advice about your case.
Reza Torkzadeh
Reza TorkzadehFounder and CEO of TORKLAW. Author of The Lawyer as CEO and 35 articles in the Daily Journal and Advocate magazine on injury law, insurance and the legal profession.Full bioAll publications
More of Reza's published writing

Not sure if you have a case? Call anyway. It's free to ask.

Someone answers 24/7. English and Spanish. No obligation.

Call 888.845.9696Text 855-676-2549
Text usCall now