What is the difference between Workers’ Comp and a Third-Party Claim?

• Workers’ Compensation: A "no-fault" system in California that covers medical bills and a portion of lost wages. You do not have to prove your employer was negligent, but you cannot recover for "pain and suffering."

• Third-Party Claim: A separate personal injury lawsuit filed against someone other than your employer (such as a property owner, equipment manufacturer, or subcontractor). These claims allow you to recover for pain and suffering and full lost wages.

Can I file both a Workers’ Comp claim and a lawsuit?

Yes. If a third party’s negligence (like a defective crane or a negligent subcontractor) contributed to your injury, you can pursue both. Our Los Angeles construction accident lawyers investigate the site to identify every possible liable party to maximize your total payout.