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Can I File a Personal Injury Claim for a Work Accident?

Home > Can I File a Personal Injury Claim for a Work Accident?

If you’ve been injured at work, you might be wondering if you can file a personal injury claim or if you’re only eligible for workers' compensation. Medical bills, lost wages, and other financial burdens can make this an urgent concern. In California, the type of claim you can file depends on the circumstances of your injury.

While most workplace injuries fall under workers’ compensation, there are specific cases where you can file a personal injury lawsuit. If a third party was responsible for your injury, your employer intentionally harmed you, or there was negligence beyond the scope of workers’ comp, a California personal injury lawyer can help you explore your legal options.

Workers Comp vs. Personal Injury in the Workplace

Workers compensation is designed to cover workplace injuries, and you can be compensated for the following when you file a claim:
  • Missed wages
  • All accident-related medical expenses
  • The cost of household services
  • Disability
  • Death benefits
Even if your claim is denied, you probably can’t file a personal injury lawsuit, but you can file an appeal. An attorney can help you file for workers comp benefits to minimize the likelihood of a denial. Personal injury lawsuits arising from workplace accidents can only be filed in particular circumstances. Those situations are listed below:
  • If your employer intentionally hurts you (e.g., pushes or strikes you or intentionally puts you in harm’s way)
  • If your employer does not have sufficient workers comp insurance
  • If you’re injured by a defective product at work
  • If a third party other than your employer injured you at your workplace

When Can You File a Personal Injury Lawsuit for a Workplace Injury?

There are certain exceptions where an injured worker can bypass the workers’ compensation system and file a personal injury lawsuit in California. These situations include:

  1. Employer Misconduct or Intentional Harm

    • If your employer deliberately caused your injury—such as physical assault or knowingly exposing you to extreme hazards—you may have grounds for a personal injury claim.
  2. Lack of Workers' Compensation Insurance

    • If your employer does not carry workers' comp insurance, you can file a lawsuit for damages. California law requires most businesses to have workers’ compensation coverage, but some fail to comply.
  3. Defective Equipment or Machinery

    • If a dangerous or defective product at work caused your injury, you might have a product liability claim against the manufacturer. This applies to faulty tools, machines, or safety gear.
  4. Third-Party Negligence

    • If a third party (such as a contractor, vendor, or another company) was responsible for your injury, you can file a personal injury claim against them.

Choosing Between Workers’ Compensation and a Personal Injury Lawsuit

Workers' compensation provides immediate benefits, which can be critical for injured employees who need medical treatment and wage replacement. However, the amount of compensation is limited, and workers cannot claim damages for pain and suffering. A personal injury lawsuit takes longer but allows injured workers to recover the full value of their damages, including long-term financial losses and non-economic suffering.

If an injured worker is unsure which type of claim to file, speaking with a California personal injury lawyer is essential. An attorney can review the case, determine liability, and identify the best course of action. In cases involving third-party negligence, defective products, or employer misconduct, filing a personal injury claim may be the better option.

Your California Workplace Injury Attorney

If you have been injured at work, call a California personal injury lawyer with Golden State Lawyers, APC. We can help you decide whether you should file a workers comp claim or a personal injury claim. Call us at 408-279-4222 or complete our contact form at the bottom of this page to schedule a free consultation.

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Table of Contents

  • When Can You File a Personal Injury Lawsuit for a Workplace Injury?
  • Choosing Between Workers’ Compensation and a Personal Injury Lawsuit

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