“Eman by far exceeds the basic requirements other lawyers give to clients and surpasses all expectations.”
Briana Norman
Third-Party Workplace Injury Claim in California — When a Civil Suit Stacks on Workers' Comp
Certified Specialist (CA Bar)No Fee Unless We Win (Costs May Apply)Millions RecoveredSe Habla Español
- Years of Practice
- 14+
- Cases Handled
- 500+ over 14+ years of practice
- Recovered
- $7M+ over 14+ years of practice
- Bilingual + Farsi
- English + Español + Farsi
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization · Cal Bar #285231
Can you sue the person who caused your work injury?
Yes. If someone other than your employer hurt you, you can sue them for full damages and still collect your workers' comp.
You got hurt on the job. Now you are worried about the bills, your job, and your future. Take a breath. You have real rights here. One of them is bigger than most workers ever realize.
Workers' comp is not always your only case. Sometimes a person or company outside your job caused the harm. Maybe a careless driver hit your work truck. Maybe a broken machine crushed your hand. Maybe another crew on the site was reckless. When an outsider is at fault, you can take legal action against them too.
This second case is called a third-party claim. It can pay for things workers' comp will never touch. Most injured workers never know it exists. We make sure you do not miss it. We can run both cases for you at the same time. And you pay nothing up front to get started.
What is a third-party work injury claim?
It is a civil lawsuit against someone besides your employer who caused your injury. You file it on top of your workers' comp claim.
Most work injuries lead to just one case. That case is workers' comp against your employer's insurer. The law usually says you cannot sue your own boss. That trade is the heart of the comp system. You get quick benefits without having to prove fault.
But many injuries are not your employer's doing at all. They are caused by an outside party. California law lets you sue that party in regular civil court. Labor Code 3852 protects this right. It says taking workers' comp does not block you from suing the person who actually hurt you.
Picture a plumber rear-ended by a texting driver. The plumber gets workers' comp from his boss. That pays his medical bills and part of his lost pay. He can also sue the driver for everything else. His lawsuit goes after the rest, including his pain. That is a third-party claim in action.
Why is a third-party case worth so much more?
Workers' comp pays only medical bills and part of your wages. A lawsuit adds pain and suffering and your full losses, with no caps.
Workers' comp is helpful, but it is limited on purpose. It pays your medical care in full under Labor Code 4600. It replaces two-thirds of your lost wages under Labor Code 4656. But it pays nothing for your pain. It pays nothing for a life you can no longer enjoy. And it caps your wage checks at a set weekly amount. That cap can fall well below what you used to earn.
Here are the 2026 limits on the comp side:
| Workers' comp benefit | 2026 limit |
|---|---|
| Lost-wage check while you heal | Two-thirds of pay, up to $1,764.11 a week |
| Permanent disability check | $160 to $290 a week |
| Medical care | 100% paid, no copay |
| Job retraining voucher | $6,000 |
A civil case has no such limits. It can pay for everything you truly lost. See the difference side by side:
| What you can recover | Workers' comp | Third-party lawsuit |
|---|---|---|
| Medical bills | Paid in full | Paid in full |
| Lost wages | Two-thirds only | All of it, 100% |
| Pain and suffering | Nothing | Yes |
| Future lost earnings | Limited | Full value |
| Loss of a normal life | Nothing | Yes |
For a serious injury, the pain and suffering money can be the biggest part of all. That is money comp simply does not offer. It is why a third-party case is often worth many times the comp award.
How does the workers' comp lien work?
The comp insurer gets paid back from your lawsuit money through a lien. After it is repaid, you keep the rest of your recovery.
There is a fair trade built into the law. The insurer that paid your comp benefits can take that money back out of your lawsuit. Labor Code 3856 gives it a lien on your recovery. This way you are not paid twice for the very same bill.
The insurer can also get a credit. If you win the lawsuit, Labor Code 3861 lets it pause future comp checks up to your net recovery. That sounds scary at first. It is actually routine. A good lawyer plans around it from day one.
Here is a simple example. The numbers are made up just to show the steps.
| Lawsuit money, step by step | Amount |
|---|---|
| Lawsuit settlement | $300,000 |
| Comp lien repaid to the insurer | $50,000 |
| Attorney fee and case costs | Varies |
| What may reach you | The balance |
We do not just accept the lien as written. Often we get the insurer to take less than it claims. Every dollar we cut from the lien is a dollar you keep. We also map out the credit early. That keeps your future medical care on track. On a big case, that work can add up fast.
Who can you sue, and what should you do now?
You can sue any outside party whose carelessness hurt you. Report the injury, save proof, and call a lawyer before you sign anything.
Many work injuries trace back to someone outside your company. If they were careless, you may have a case against them. These are the ones we see most often:
- A negligent driver. You drive for work and another car hits you.
- A defective machine. A tool or machine was built wrong and failed.
- A reckless subcontractor. Another crew on the site worked in an unsafe way.
- A property owner. You were hurt by a hidden danger on their land.
- A product maker. A faulty ladder, bad part, or unsafe chemical caused the harm.
Take these steps to protect both cases:
- Report the injury to your employer right away.
- Get medical care and say it happened at work.
- Save photos, names, and anything that shows what failed.
- Keep the broken tool or product if you can do it safely.
- Do not give a recorded statement to any insurer alone.
- Do not sign or cash any check before a lawyer reads it.
Not sure if you have a second case? That is our job to find out. We study every angle of how you got hurt. One outside party can change your whole recovery.
Injured at work? Call (661) 273-1780
Tap to call →Help for injured workers across Greater Los Angeles
We represent hurt workers across the Antelope Valley, San Fernando Valley, and Greater LA. We appear at workers' comp boards all over the region.
Yazdchi Law stands up for injured workers from Palmdale and Lancaster, down through the San Fernando Valley, and across Greater Los Angeles. We handle the workers' comp side and the third-party lawsuit side together, so nothing falls through the cracks. We appear at the WCAB offices in Van Nuys, Los Angeles, Long Beach, Pomona, San Bernardino, Riverside, and Oxnard.
Eman Yazdchi is a Certified Specialist in workers' compensation law, certified by the California Board of Legal Specialization, State Bar of California. That means deep skill in the comp system and in how it works alongside your civil case.
If someone else caused your work injury, do not leave money on the table. Call (661) 273-1780 for a free review. We will tell you straight whether you have a second case. You pay nothing up front. Our fee comes out of what we recover for you.
Frequently Asked Questions
Can I sue and still get workers' comp in California?
Yes. These are two separate cases, and you can pursue both at once. Workers' comp covers your medical care and part of your lost wages, no matter who was at fault. If someone outside your job caused the injury, Labor Code 3852 lets you also sue them for full damages. Comp moves first and fast. The lawsuit takes longer but reaches much deeper. Most injured workers run both at the same time. You do not have to choose one over the other.
What money does a third-party lawsuit add that workers' comp does not?
Quite a lot. Workers' comp never pays for pain and suffering. It never pays for the loss of a normal life. It only replaces two-thirds of your wages, not all of them. A civil lawsuit can pay for all of that, with no weekly cap. Comp was built to be quick, not complete. The lawsuit fills the gap. For a serious injury, the pain and suffering money is often the single largest part of the recovery.
Can I sue my own employer for a work injury?
Usually no. In exchange for fast workers' comp benefits, you generally give up the right to sue your employer in civil court. That is the basic trade in the system. There are narrow exceptions, such as when your employer carries no comp insurance at all. It is worth a quick call to be sure no exception applies to you. But your real opportunity is suing an outside party who is not your boss. That door stays wide open, and it is where the bigger damages live.
Do I have to pay the workers' comp money back?
Part of it, in many cases. When you win the lawsuit, the comp insurer gets repaid from that money through a lien under Labor Code 3856. This prevents a double payment for the same bills. The good news is that the lien can often be reduced. Always ask a lawyer to review it before any payout. A wrong number can cost you thousands. We push hard to lower what the insurer takes, so more stays in your pocket.
How long do I have to file a third-party claim?
Move quickly, because two clocks are ticking at once. Your workers' comp claim has its own deadline, generally one year from the injury under Labor Code 5405. Your civil lawsuit against the outside party usually must be filed within two years under California's personal injury deadline. We track both deadlines for you from the start. Miss either one and you can lose that money for good. Call a lawyer early so neither clock runs out on you.
What does it cost to hire a lawyer for these cases?
Nothing up front. We work on a contingency basis. That means our fee comes out of the money we recover for you, not out of your pocket today. If we recover nothing, you owe us no fee at all. Your first review is free as well. There is no cost and no pressure. You simply learn where you stand. Call (661) 273-1780 and we will look at both your comp claim and any third-party case in one sitting.
Last reviewed by Eman Yazdchi, Esq., June 2026.
Get your case evaluated in 60 seconds.
Get Your Free Case EvaluationTalk to a Certified Specialist
Three fields. No obligation.
What Our Clients Say
Read more testimonials →“Eman by far exceeds the basic requirements other lawyers give to clients and surpasses all expectations.”