Most workplace injuries in California are handled through the workers’ compensation system, which provides benefits like medical care, wage replacement, and disability payments – regardless of who was at fault. But there are many situations where an injured worker also has a valid personal injury claim against someone other than their employer.
These are known as crossover claims or third-party claims. They are especially common in accidents involving company vehicles, delivery drivers, rideshare employees, construction contractors, or unsafe equipment.
At the Law Offices of Armen Yedalyan, APLC, we help injured workers maximize recovery by identifying every possible claim. As a Certified Specialist in Workers’ Compensation Law, Armen Yedalyan has the experience to handle both sides of these complex cases.
Understanding the Difference Between Workers’ Comp and Personal Injury
To understand how these claims overlap, it’s important to break down the difference:
- Workers’ Compensation:
- No need to prove fault – if you’re injured in the course and scope of your employment, benefits apply.
- Covers medical treatment, temporary disability, permanent disability, supplemental job displacement vouchers, and death benefits.
- Does not cover pain & suffering or other general damages.
- Exclusive remedy against the employer (Labor Code §3600).
- Personal Injury (Third-Party Claim):
- Requires proving negligence, product defect, or wrongful conduct.
- Allows recovery for damages not available under workers’ comp: pain and suffering, emotional distress, property damage, loss of enjoyment of life, future earning capacity.
- Can result in significantly higher overall compensation.
When these systems overlap, workers may be entitled to both sets of benefits — but the cases must be carefully coordinated.
Common Examples of Crossover Claims
In Los Angeles and across California, overlap claims often arise in:
- Company Vehicle Accidents – A delivery driver or employee in a company car is hit by a negligent motorist. Workers’ comp covers the injury, while a personal injury case can be brought against the at-fault driver.
- Defective Equipment or Vehicles – If brakes fail on a work truck or a defective product causes injury, the worker may have a product liability claim against the manufacturer.
- Construction Site Accidents – Construction involves multiple subcontractors. If a worker employed by one contractor is injured by another subcontractor’s negligence, that’s a third-party claim.
- Premises Liability – If a worker is injured while working on another property owner’s site due to unsafe conditions, the property owner may be liable.
- Motor Vehicle Accidents During Errands – Even if you were not in a company car, injuries while running job-related errands may qualify for both workers’ comp and a personal injury action if another party was at fault.
Legal Challenges in Overlap Cases
These claims are complex because two legal systems interact:
- Workers’ Compensation Liens – If you recover in a personal injury case, the workers’ comp insurer may seek reimbursement for what it paid (medical bills, wage loss). Negotiating or reducing these liens is critical.
- Credit & Offset Issues – The employer/insurer may claim a credit against future workers’ comp benefits if you recover damages from a third party.
- Apportionment of Fault – California uses comparative negligence. If you were partly at fault, damages in a personal injury case can be reduced.
- Statutes of Limitation – Workers’ comp claims follow one timeline, while personal injury lawsuits follow another (generally two years for personal injury in California). Missing a deadline can destroy a claim.
An attorney familiar with both systems ensures no opportunities are lost and defenses are properly managed.
Why These Claims Are So Valuable
A workers’ comp claim alone might only cover medical care and partial wage replacement. A personal injury claim, however, can add:
- Pain & suffering damages
- Emotional distress damages
- Loss of enjoyment of life
- Property damage (such as to your vehicle)
- Punitive damages in rare cases
This can increase the overall recovery significantly, especially in catastrophic cases such as spinal cord injuries, traumatic brain injuries, or wrongful death.
Our Experience with Crossover Cases
At Yedalyan Law, we’ve handled both sides:
- Representing injured workers seeking both comp benefits and third-party damages.
- Defending employers facing uninsured liability in complex multi-employer cases.
This dual experience allows us to anticipate strategies used on both sides and create strong, coordinated legal plans.
What to Do If You’ve Been Injured
If you’ve been injured in a work-related accident that may involve a third party:
- Report the injury immediately to your employer.
- Get medical treatment through the workers’ comp system and keep copies of all reports.
- Gather evidence from the accident (photos, witness names, insurance info, accident reports).
- Do not give statements to insurance adjusters before speaking with an attorney.
- Consult a lawyer quickly to preserve both workers’ comp and personal injury claims before deadlines pass.
Frequently Asked Questions
Can I really file both a workers’ comp and personal injury claim?
Yes, if a third party (not your employer or co-worker) caused or contributed to the accident.
What happens if workers’ comp paid my medical bills and I get a settlement in my personal injury case?
The workers’ comp insurer usually has a lien on your settlement for those medical payments, but we work to reduce or negotiate those liens so you keep more of your recovery.
What if I was partially at fault?
California’s comparative fault system allows recovery even if you were partly responsible, though damages may be reduced by your percentage of fault.
Do I need two lawyers – one for workers’ comp and one for personal injury?
Not necessarily. At Yedalyan Law, we handle both aspects of these claims, which avoids conflicts and keeps strategy consistent.
Is there a time limit to file these claims?
Yes. Workers’ comp has its own deadlines (generally one year from injury to file a claim form), and personal injury claims must be filed within two years in California. It’s important to act quickly to protect both rights.
Why Choose The Law Offices of Armen Yedalyan, APLC
- Certified Specialist in Workers’ Compensation Law by the State Bar of California.
- Proven experience handling both applicant (injured worker) and defense (employer liability) cases.
- Deep understanding of how workers’ comp interacts with personal injury law.
- Personalized representation focused on maximizing every possible source of recovery.
Protect Your Rights – Schedule a Free Consultation
If you’ve been injured while driving a company vehicle, on a construction site, or in any situation where someone outside your employer contributed to your injury, you may have both workers’ compensation and personal injury claims.
Contact the Law Offices of Armen Yedalyan, APLC today for a free consultation at (818) 616-4041. We’ll review your case, explain your options, and fight to ensure you get the maximum compensation available.
