Short answer: if you were hurt at work in California, you have a workers compensation claim regardless of whose fault it was, and if anyone other than your employer contributed to the accident, you may also have a separate lawsuit worth far more. Insurance companies count on injured workers not knowing the difference. A work injury lawyer’s job is to find every source of recovery, not just the obvious one.
Free consultation, 24/7, English and Spanish: (888) 772-2529. No fee unless you recover.
The two kinds of work injury cases
1. Workers compensation, the no-fault system. It pays your medical treatment, temporary disability while you cannot work, permanent disability compensation, and retraining benefits. You do not have to prove anyone did anything wrong. But comp pays nothing for pain and suffering, and wage replacement is partial.
2. A third-party lawsuit, when someone other than your employer caused or contributed to your injury, Labor Code § 3852 preserves your right to sue them on top of collecting comp. Common examples: a driver who hit you while you were working, a contractor from another company on your job site, defective machinery or equipment, or a negligent property owner where you were making a delivery or repair. Full damages apply, complete lost wages, future earning capacity, and pain and suffering, which California does not cap in ordinary injury cases.
Most injured workers are never told about the second category. It is the first thing we screen for in every workplace accident, and we make sure your case ends up in the strongest possible hands from start to finish.
Workplace accidents we handle
Falls from ladders and heights, forklift and warehouse accidents, machinery and equipment injuries, vehicle accidents while working (delivery drivers, company vehicles), construction site accidents, slip and fall at work, repetitive stress and lifting injuries, burns and electrocutions, and injuries to temp and staffing-agency workers, whose cases often involve both the agency and the host employer. Statewide: Los Angeles, Orange County, the Inland Empire, San Diego, Bakersfield and the Central Valley.
What to do after a work injury
- Report it to your employer right away. California requires notice within 30 days (Labor Code § 5400), and late reporting is the #1 way comp claims get attacked.
- Get medical care and tell the doctor exactly how it happened at work.
- Ask for the claim form (DWC-1), your employer must provide it.
- Write down what happened while it is fresh: where, when, who saw it, what equipment was involved.
- Talk to a lawyer before giving recorded statements or signing anything from an insurance company, including your employer’s carrier.
What if my employer has no workers comp insurance?
Every California employer is required to carry workers comp insurance, even for one employee. If yours does not, your rights actually expand: Labor Code § 3706 lets you sue the uninsured employer directly in civil court, and California maintains a state fund that can pay comp benefits when an illegally uninsured employer cannot. These cases are a particular focus of our practice, if you were hurt working for a cash-paying or uninsured employer, call us before assuming you have no options.
The deadlines
- 30 days to report the injury to your employer (Labor Code § 5400)
- One year to file the workers comp claim (Labor Code § 5405)
- Two years for a third-party lawsuit (Code of Civil Procedure § 335.1)
- Six months to present a claim against a government entity (Gov. Code § 911.2)
Exceptions can change these dates in either direction, for cumulative injuries that develop over time, for minors, and in other situations. Confirm your exact deadline with an attorney rather than guessing.
Frequently asked questions
Can I be fired for filing a workers comp claim? Retaliating against a worker for filing a comp claim is illegal in California and can create an additional claim against the employer. If it happened to you, tell us, we handle both sides of that situation.
Does my immigration status matter? No. Undocumented workers have the same right to workers comp benefits and injury compensation in California. Your consultation is confidential.
I am a temp worker. Who is responsible? Often both the staffing agency and the company where you were placed, and sometimes the host company can be sued as a third party. Temp-worker cases are frequently worth more than workers assume.
The accident was my fault. Do I still get benefits? Almost always yes, workers comp is no-fault. And if a third party shares blame, comparative negligence only reduces a lawsuit recovery by your percentage of fault.
What does it cost? Nothing up front. We work on what is called a contingency fee, which means we only get paid if we recover money for you, and our fee comes out of that recovery. If we recover nothing, you owe us nothing. In workers compensation cases, attorney fees are set and approved by the court.
Call now: (888) 772-2529. Hablamos español, 24/7.
Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Last reviewed: August 31, 2026.
Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions, confirm yours with an attorney. Past results do not guarantee future outcomes.
For a deeper look at benefits and the WCAB process, see our Los Angeles workers’ compensation attorney page.