San Diego Work Injury Lawyers

Why You Should Not Rely Solely on Workers’ Compensation

California law generally prevents workers from suing their employers directly for on-the-job injuries. This rule is known as workers’ compensation exclusivity, meaning you must go through your employer’s insurance system to get benefits like medical treatment and wage replacement.

However, workers’ comp benefits are limited. They usually do not include compensation for pain and suffering, loss of enjoyment of life, or full wage replacement. Additionally, they may fall short of covering long-term treatment or future care needs.

That’s where a personal injury claim can make a life-changing difference.

If someone other than your employer or a co-worker is at fault for your injury, you may have the right to pursue a separate personal injury lawsuit. This route can provide significantly more compensation than a workers’ comp claim.

When Can an Injured Worker File a Personal Injury Lawsuit?

There are several scenarios where an injured employee in San Diego may have the right to file a personal injury lawsuit rather than (or in addition to) a workers’ comp claim:

• Third-party negligence—if you were hurt by a subcontractor, vendor, delivery driver, equipment manufacturer, or other outside party;
• Defective equipment—if machinery or tools malfunctioned due to poor design, manufacturing flaws, or lack of proper warnings;
• Unsafe premises—if you were working on a site owned or managed by someone else, and that party failed to maintain safe conditions;
• Vehicle accidents—if you were driving or riding for work and another driver caused a crash; or
• Intentional conduct—rare, but an employer or third party may be sued for willful misconduct or assault.

These cases fall under civil personal injury law, not the workers’ comp system. And they can lead to far more comprehensive compensation for your injuries. An experienced San Diego workplace accident lawyer can help you determine whether you have a work injury claim that falls under one of these categories.

Real Results: Personal Injury Recovery After a Severe Worksite Fall

Our team at Silva Injury Law recently helped a client who was seriously injured while working at a commercial job site. Ricky, a laborer, fell more than 13 feet from the back of a trailer. He suffered multiple fractures and had to undergo seven surgeries and an extensive recovery.

Workers’ compensation provided some benefits, but they weren’t enough. After investigating the incident, we discovered that a third party had contributed to the dangerous conditions. That allowed us to file a personal injury lawsuit and pursue significantly higher compensation.

Ricky’s story is a powerful reminder that there may be more than one legal path forward. If you were hurt at work in San Diego, do not assume workers’ comp is your only option.

Common Workplace Accidents That May Involve Third-Party Liability

Work injuries happen in every industry, but certain types of accidents are more likely to involve third-party negligence, including:

• Construction accidents involving scaffolding falls, crane failures, or defective tools;
• Warehouse incidents caused by third-party delivery drivers or malfunctioning forklifts;
• Slip-and-fall accidents on improperly maintained property owned by others;
• Electrocution or burns due to poor site safety on subcontracted projects; and
• Vehicle crashes involving non-employer drivers or companies.

If your case fits into any of these categories, a San Diego workplace accident attorney may be able to help you build a strong civil claim.

Damages Available in a Personal Injury Work Accident Claim

When you file a third-party lawsuit after a work injury, you may be eligible to recover compensation for:

• Emergency care, hospitalization, and surgery;
• Ongoing treatment, rehab, and therapy;
• Medical equipment and medication;
• Lost wages and future earning capacity;
• Pain and suffering;
• Emotional distress; and
• Loss of enjoyment of life.

These are far broader categories than those covered by workers’ comp. Your work injury lawyer in San Diego will work to ensure all aspects of your loss are fully documented and presented.

Comparative Fault in California Workplace Accidents

California follows a pure comparative fault system, meaning that even if you were partially at fault for your injury, you can still recover damages. However, your compensation will be reduced by your share of fault.

For example, if a jury finds you were 20% responsible and a third party 80% responsible, your total compensation would be reduced by 20%.

That makes it vital to have a knowledgeable workplace injury lawyer in San Diego on your side who can clearly establish third-party liability and minimize any unfair blame placed on you.

What to Do After a Work Injury in San Diego

If you were injured at work and believe someone outside your employer may be responsible, take these steps to protect your rights:

• Seek immediate medical treatment;
• Document the scene and your injuries with photos if possible;
• Report the incident to your employer;
• Keep records of all expenses, treatments, and lost wages;
• Avoid giving recorded statements to any insurers; and
• Contact a San Diego workplace accident lawyer as soon as possible.

You only have a limited window to file a personal injury lawsuit in California, so early legal guidance is critical.

Other Types of Injury Cases

Our experienced legal team handles additional types of injury cases in San Diego, including:

• Wrongful Death
• Pedestrian Accidents
• Drunk Driving Accidents
• Distracted Driving Accidents
• Bicycle Accidents
• Car Accident
• Nursing Home Abuse
• Dog Bite
• Car Accident
• Truck Accident
• Slip & Fall
• Sexual Assault
• Motorcycle Accident

Frequently Asked Questions (FAQs)

It’s normal to feel overwhelmed by legal and medical questions. You might not know what steps to take, who’s responsible, or whether you’re being treated fairly by insurers or your employer. At Silva Injury Law, we know informed clients make empowered decisions. Below are answers to some of the most common questions we hear from injured workers in San Diego.

Can I Sue If I’m Already Getting Workers’ Comp?

Yes, you may be able to file a personal injury claim against a third party while also receiving workers’ comp benefits. Your attorney will help coordinate the claims and address any potential lien issues.

What Makes a Third-Party Claim Different from Workers’ Comp?

Workers’ comp provides limited, no-fault benefits. A personal injury lawsuit requires proving fault but allows for broader compensation, including pain and suffering and full wage replacement.

How Long Do I Have to File a Third-Party Work Injury Claim?

California generally allows two years from the date of injury to file a personal injury lawsuit. However, certain exceptions and notice requirements may apply.

What If You Were Working on a Construction Site?

Construction sites often involve multiple contractors and third-party vendors. If someone other than your employer caused the hazard, you may be able to sue them for negligence

Do You Offer Free Consultations?

Yes. At Silva Injury Law, we offer free, no-pressure consultations to help you understand your legal options after a workplace injury.

How Do Attorneys Get Paid in These Cases?

We work on a contingency fee basis, meaning you pay nothing up front. We only get paid if we win compensation for you.

Contact a San Diego Workplace Accident Attorney at Silva Injury Law

You should not have to settle for inadequate benefits when someone else’s negligence caused your injury. At Silva Injury Law, we provide strategic, compassionate legal advocacy for injured workers across California.

Led by former prosecutor and experienced trial attorney Michael Joe Silva, our firm is known for uncovering liability where others stop at workers’ comp. We take the time to listen, investigate, and fight for meaningful outcomes that help our clients truly move forward.

If you were injured, speak with a work injury lawyer in San Diego. We’ll help you understand whether you have a personal injury case and guide you every step of the way. Let Silva Injury Law fight for the full compensation you deserve.

Contact us online or call (209) 600-4389 today for a free consultation.