Workers’ Comp and Personal Injury: Can You File Both?

Getting hurt on the job is already tough, but in California, figuring out your legal rights while you’re trying to heal? That’s a whole layer of stress nobody needs. You’re juggling doctor’s appointments, missed paychecks, insurance forms—and then someone tells you that you might be able to file a personal injury lawsuit while receiving workers’ comp. Suddenly, you're dealing with not one, but two legal claims.

If you’re wondering things like “can you sue after workers comp?” or “can you sue while receiving workers’ compensation?”, the short answer is yes, but only in certain cases. And in California, it’s not always straightforward. That’s why it’s crucial to have an experienced attorney on your side.

Understanding Workers' Comp and Personal Injury

Let’s break down workers compensation vs. personal injury claims. Workers’ compensation is a no-fault system that covers medical treatment and a portion of your lost wages if you're injured on the job. In exchange, you usually can’t sue your employer, even if they were negligent. A personal injury lawsuit is a separate legal action that allows you to recover additional damages, such as pain and suffering or full lost wages, that workers’ comp does not cover.

So can you sue after workers comp in California? You generally can’t sue your employer, but you can sue a third party if their negligence caused or contributed to your workplace injury. These are known as third-party claims, and they’re more common than you might think. Here are some examples:

You’re hit by a distracted driver while making deliveries for your job.

You’re working on a construction site, and another subcontractor’s equipment causes you to fall.

You’re injured by a defective ladder or a malfunctioning tool

In each of these situations, you may be able to file a personal injury lawsuit while receiving workers' compensation through your employer’s insurance.

Workers’ Comp Lien on Personal Injury Settlement

Here’s where it gets tricky. If you receive a personal injury settlement or win a lawsuit, your employer’s insurance provider may try to recover the benefits they already paid you. This is called a workers’ comp lien on your personal injury settlement.

And yes—it can take a chunk out of your compensation unless it’s properly negotiated. A knowledgeable California attorney can often reduce or eliminate that lien so you keep more of your settlement.
Keep in mind that in California, you typically have two years from the date of the injury to file a personal injury lawsuit. This is known as the statute of limitations. But don’t wait until the clock is about to run out—some cases require quick investigation, especially if multiple parties are involved.

Why You Need a California Injury Attorney

Managing both a workers comp and personal injury claim at once isn’t just complicated—it can be overwhelming when you’re already trying to recover. A California personal injury lawyer can help you:

Identify if a third-party lawsuit is an option

File and manage the personal injury claim

Coordinate with your workers’ comp case

Handle any liens or reimbursement claims from the workers’ comp provider

If you’ve been injured at work in California, you may have more legal options than you realize. Pursuing both a workers’ compensation claim and a personal injury lawsuit might be the key to getting full and fair compensation—but only if it's handled the right way.

Don’t try to figure it out alone while you’re healing. Speak with a qualified personal injury lawyer in Los Angeles who understands both systems and can guide you through the process. You focus on your recovery.

Contact a Personal Injury Lawyer in North Hollywood

If you need legal advice, contact Yepremyan Law Firm to book an appointment with a North Hollywood workers’ compensation lawyer. With 24/7 support, our firm offers free case evaluations to assist injured victims during challenging times.

Since 1998, our personal injury law firm in North Hollywood has helped thousands of people recover millions of dollars. Call us today and let us know how we can help. Our attorneys work on a contingency basis for all personal injury matters. This means you pay nothing unless your case has been settled or won—no recovery, no fee.

*No Legal Advice Intended. This website includes general information about legal issues and developments in the law. These materials have been prepared for general informational purposes only and are not intended to be legal advice. Please consult an attorney for legal advice pertaining to any particular legal matter. Use of and access to this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and Yepremyan Law Firm and any of its attorneys, employees, or associates.