What to Do After a Workplace Injury in California
A work injury is overwhelming, and you may be told workers' comp is your only option. Often it is not. Here is a clear order of operations that protects every option.
Get care and report it
Take care of the injury and keep the records. If you are a worker, report the injury to your employer as required for a comp claim — but know comp may not be your only option.
Note every company involved
Write down the companies present — contractors, vendors, delivery firms, equipment providers — and who was doing what. A third party, not your employer, may be responsible for your full damages.
Photograph the hazard and equipment
If you can, photograph the hazard, the equipment involved, and the scene before anything is cleaned up. If a machine or tool failed, it should be preserved as evidence of a defect.
Do not rely on comp alone
Workers' comp does not cover pain and suffering or your full losses. A third-party claim against a negligent non-employer can, and it can be pursued alongside comp.
Get advice early
A lawyer can identify a third party at fault, coordinate with comp, and preserve the evidence before it is lost. A free review can explain your options.
Frequently asked questions
My employer said to just file workers’ comp. Is that all I can do?
Not necessarily. Comp is against your employer and is limited. If a different company caused the hazard, a third-party claim may be available — and it can seek full damages, including pain and suffering, that comp does not.
This article is general information about California injury law, not legal advice. Every case is different — talk to a lawyer about your situation.
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