Hurt while working in California: workers’ compensation and third-party claims

Workers’ compensation basics

Most California employers must carry workers’ compensation insurance. Workers’ compensation can provide medical care, temporary disability payments and other benefits for job-related injuries, generally without needing to show that the employer was at fault. The California Division of Workers’ Compensation (DWC) oversees the system.

California Labor Code section 5400 generally requires an employee to report an injury to the employer within 30 days. Employers are required to provide a claim form, known as the DWC-1, within one working day after learning of the injury. Reporting promptly helps avoid disputes.

Why a lawsuit against the employer is usually limited

For most job injuries, workers’ compensation is the exclusive remedy against the employer. That means the employee usually cannot bring an ordinary injury lawsuit against the employer, with limited exceptions. Questions about workers’ compensation benefits often belong with an attorney who handles those cases, or with the DWC Information and Assistance Unit, which offers free help.

When a third party may be involved

Some workplace injuries involve someone other than the employer. Examples include a delivery driver hit by another motorist, a worker injured by defective equipment made by an outside company, or an employee hurt on property owned or controlled by another business. In those situations, a separate claim against that other party may be possible in addition to workers’ compensation.

Third-party claims follow different rules from workers’ compensation. The workers’ compensation insurer may have rights to reimbursement from a third-party recovery. Deadlines differ as well, and many California injury claims have a two-year time limit.

Records people often keep

Keep a copy of the DWC-1 claim form, the date you reported the injury and to whom, witness names, photos of the location or equipment, any police report for a road crash, and all medical records. If equipment was involved, its make, model and condition can matter.

Questions to ask

Questions often include whether someone other than your employer was involved, which insurers are involved, and which deadlines apply to each claim. A licensed attorney can explain how these rules apply to your situation. Next Step Injury is a free consumer advertising platform, not a law firm or a lawyer referral service. It does not evaluate situations or give legal advice. After an inquiry, a participating attorney may contact you, and you decide whether to work with that attorney.