Riverside Workplace Accident Lawyer

You left home to earn your daily bread, sound and healthy but at your work an accident took that ability away from you in a matter of seconds. Maybe it was a poorly maintained forklift, or a spill that should have been cleaned, an unsafe job protocol or a manager wanting you to rush the job that should have been performed carefully.

Regardless of the reason, you got injured and now along with pain you have to deal with missed paychecks, medical bills, and a slow and complicated worker compensation process where it is highly likely that you get paid less than what you deserve.

To smoothly come out of these tough times with compensation that you actually deserve, you need right information and expert support. At pacific law firm we dont charge for these two, get your free consultation, discuss your case and see if you can manage it on your own or would it be better to have an attorney at your side 

Book your free call now 

Worker Compensation Is Not Always All That You Deserve

Most people assume that after getting injured at a workplace, worker comp is the only option. In California that’s not entirely true.

The confusion stems from California Labor Code Section 3600, which states that workers’ comp is generally the “exclusive remedy” against your own employer. That means you usually can’t sue your employer directly for a workplace injury, even if they were careless. You file a workers’ comp claim instead, and it covers medical treatment and a portion of lost wages.

What people miss is that this only protects your employer, not other people who may share the blame in an accident. If your accident was the result of negligence of some other person apart from your employer, you may bring it up in a separate personal injury claim on top of your worker comp.

This may include following parties:

• A subcontractor working the same job site
• The manufacturer of a defective piece of equipment or machinery
• A property owner, if you were injured somewhere other than your own employer’s premises
• A driver, if the injury happened in a vehicle accident while working
• A staffing agency or a company other than the one directly supervising you

It is important to distinguish between the two scenarios because unlike worker’s comp benefits which do not include pain and suffering, a third party claim does include these.

California Is a Pure Comparative Fault State

If you do end up with a third party claim, there’s one more thing that matters here. California follows a pure comparative negligence rule, set by Li v. Yellow Cab Co. of California (1975). What this means in plain terms, you can still recover money even if you were partly at fault for the accident. Your payout just gets reduced by whatever percentage of fault is yours.

So even if the insurance company tries to pin some of the blame on you, that doesn’t mean your claim is dead. It just means the number changes.

Deadlines You Actually Need to Watch

There’s two separate clocks running here and they don’t run the same length, which is where a lot of people get tripped up.

• Worker comp claim : 1 year

You generally got one year to report the injury and file a claim, under California Labor Code Section 5405. Miss that window and you could lose your right to benefits, even if your injury is completely legitimate.

• Third party personal injury claim: 2 years

 If someone besides your employer is on the hook, that claim generally falls under California’s two year statute of limitations, Code of Civil Procedure 335.1.

Two different deadlines running at the same time while you’re trying to heal is exactly the kind of thing that slips through the cracks.

What to Do After a Workplace Accident in Riverside

• Report the injury to your employer right away, get it in writing if you can
• Get checked out medically and actually follow through with the treatment plan
• Write down what happened while you still remember the details, including who else saw it
• Take pictures of the scene, the equipment, your injuries, whatever you can
• Don’t sign anything an insurance company sends you, worker comp or otherwise, before talking to someone
• Talk to a lawyer early, especially if anyone besides your direct employer might share the blame

Meet Your Attorney

Aria Noosha is the Founder and Managing Attorney of Pacific Law Firm, and he handles Riverside workplace injury cases directly, not through someone you’ll never meet.

A Harvard Law School graduate, he’s been licensed in California since 2021. In a workplace case, the useful part is knowing where the lines actually fall: when workers’ comp is your only path against your employer, and when a third party like an equipment manufacturer, a subcontractor, or another driver can be brought into a separate claim that covers pain and suffering too. He’ll also keep both clocks in view for you, the one year comp deadline and the two year third party deadline, so neither one slips while you’re focused on healing.

Aria is a member of the San Francisco Trial Lawyers Association, the Bar Association of San Francisco, the Iranian American Bar Association, and the Mexican American Bar Association. He works with clients in English, Spanish, and Farsi, and you can check his standing anytime through the State Bar of California.

Common Questions

Can I sue my employer directly for a workplace injury in California?

Usually not. Worker comp is generally your only option against your own employer under Labor Code 3600. There’s some narrow exceptions, like when the employer’s conduct was intentional, but most claims against your own employer just run through the comp system.

Who can I actually go after following a workplace accident?

Basically anyone except your direct employer who played a role in your injury. Could be an equipment manufacturer, a subcontractor, a property owner, another driver, depends entirely on your situation.

Do I still get worker comp if I was partly at fault?

Usually yes. Worker comp in California is mostly no fault, meaning your own carelessness typically doesn’t knock you out of benefits, though it can come into play in a separate third party claim.

How long do I have to file a claim after getting hurt at work in Riverside?

Generally one year for worker comp, generally two years for a claim against a third party. Both clocks start ticking close to the accident date, so don’t sit on it while you wait to see how recovery goes.

What happens if my employer doesn’t carry worker comp insurance?

California requires almost every employer to carry it. If yours skipped it, you may actually get to sue them directly, since that’s one of the exceptions to the exclusive remedy rule.

Talk to a Riverside Workplace Accident Lawyer

Getting hurt at work can leave you juggling two systems at once, worker comp for your employer and possibly a separate claim for whoever else had a hand in it. Figuring out which one applies to you isn’t something you should have to sort out alone while you’re still trying to get better.

Pacific law firm offers a free consultation to talk through what happened to you and what your options actually are. Call us at 855-722-5290 or book your free call now.

This article is for general informational purposes and does not constitute legal advice. Contacting Pacific Law Firm does not create an attorney-client relationship.