When Someone Other Than Your Employer Hurt You at Work
Workers’ compensation is a trade-off: guaranteed medical care and partial wage replacement no matter who was at fault, but no recovery for pain and suffering and no lawsuit against your employer. What many injured workers do not realize is that a third-party claim can run alongside work-comp and recover far more when someone else caused the harm. Our Fresno team pursues both.
Work-Comp vs. a Third-Party Claim
Under the “exclusive remedy” rule, you generally cannot sue your employer for a workplace injury (Labor Code § 3602). But that rule protects only your employer. When a separate person or company was negligent, California law expressly preserves your right to sue them for all the damages the injury caused (§ 3852) – including the pain, suffering, and full lost earnings that workers’ comp will not pay.
Common Third-Party Defendants
- Equipment and product manufacturers – a defective machine, tool, or safety guard (a product-liability claim).
- Negligent drivers – a crash while you were working or driving for the job.
- General contractors and other subcontractors – another company on the jobsite whose negligence hurt you.
- Property owners – unsafe premises where you were sent to work.
- Chemical and material suppliers – exposure to dangerous substances.
What About the Work-Comp Lien?
When you recover from a third party, the workers’ comp insurer that paid your benefits generally has a right to be reimbursed out of that recovery (a “lien”). This sounds discouraging, but a lawyer can often negotiate the lien down, so pursuing the third-party case still puts substantially more money in your pocket.
Two Different Deadlines
The workers’ comp claim generally must be filed within one year (Labor Code § 5405). The third-party lawsuit generally must be filed within two years of the injury (Code of Civil Procedure § 335.1). They run on separate clocks, and missing either can end that claim.
How We Help
We investigate who besides your employer may be responsible, pursue the workers’ comp benefits and the third-party lawsuit together, and coordinate the two so the lien is handled and you keep as much as possible. No fee unless we win.
Frequently Asked Questions
Yes. A third-party lawsuit against someone other than your employer is separate from workers’ comp and can be pursued at the same time (Labor Code § 3852).
Because it can recover damages workers’ comp does not pay, including pain and suffering and full lost earnings.
The work-comp insurer generally has a lien on your third-party recovery, but that lien can often be negotiated down so you still net more.
Generally two years from the injury (Code of Civil Procedure § 335.1), separate from the one-year work-comp deadline. The exact date depends on your facts.
No. You can pursue both a workers’ comp claim and a third-party lawsuit regardless of immigration status.
Contact Goldberg & Loren for a free, confidential consultation. Call (559) 629-8844 or request a consultation online. No fee unless we win.
Sources
California Labor Code §§ 3602, 3852, 5405 and Code of Civil Procedure § 335.1 (leginfo.legislature.ca.gov). This article is general information, not legal advice; the application of these laws depends on the facts of your case. Last updated September 2026.
