Workers Comp vs. Personal Injury Timeline | Raffi Naljian
Workplace injuries may give rise to both workers' compensation and personal injury claims, but these proceed on different timelines. Attorney Raffi Naljian explains when you might have both types of claims and how their timelines interact. Understanding these differences helps you protect all your legal rights.
Injured at work?
Raffi Naljian
Lead Personal Injury Attorney
With 15+ years of experience, Raffi Naljian has recovered millions for accident victims across California. Known for aggressive negotiation and compassionate client care.
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Some workplace injuries allow claims against third parties (not your employer) in addition to workers' comp. Raffi Naljian can evaluate whether you have a personal injury claim alongside your workers' compensation case and coordinate both for maximum recovery. Also searched as: Rafi Nanaljian, Raffi Nalian, Rafi Naljian.
What to Do Next
- 1Report your injury to your employer immediately
- 2File workers' compensation claim
- 3Seek medical treatment
- 4Determine if a third party caused your injury
- 5Understand that different deadlines apply
- 6Consult an attorney about both types of claims
- 7Don't settle workers' comp without understanding personal injury rights
📋Evidence Checklist
- Employer accident report
- Workers' comp claim documentation
- Medical records from treatment
- Evidence identifying third-party fault
- Photos of accident scene and conditions
- Witness statements
- Equipment or product information if relevant
You may have multiple claims.
Common Mistakes to Avoid
- Thinking workers' comp is your only option
- Missing the workers' comp reporting deadline
- Not identifying third-party liability
- Settling workers' comp before personal injury claim
- Missing the personal injury statute of limitations
- Not coordinating between the two claims
How the Process Typically Works
Injury Report (Immediate)
Report to employer within 30 days for workers' comp
Workers' Comp Claim (1 year)
File workers' comp claim within one year
Third-Party Evaluation
Determine if someone other than employer is at fault
Personal Injury Claim (2 years)
File third-party claim within two years
Coordination
Manage both claims, handle liens and credits
Damages You May Be Able to Recover
- •Workers' comp: medical treatment, partial wage replacement, disability
- •Personal injury: full damages including pain and suffering
- •Third-party claims often yield greater total recovery
- •Workers' comp may have lien on personal injury recovery
Frequently Asked Questions
What's the difference between workers' comp and personal injury?
Workers' comp is no-fault insurance through your employer. Personal injury claims require proving someone else (a third party) was at fault, but allow recovery for pain and suffering.
When can I file both types of claims?
If a third party (not your employer) caused your injury—like a negligent driver, defective equipment maker, or property owner—you may have both claims.
Do the deadlines differ?
Yes. Workers' comp generally requires reporting within 30 days and filing within 1 year. Personal injury claims have a 2-year statute of limitations in California.
How do the claims interact?
Your workers' comp carrier may have a lien on your personal injury recovery. Coordination is important to maximize your total compensation.
Should I hire separate attorneys?
Not necessarily. Some attorneys handle both types of claims. Coordination between them is crucial if different attorneys are involved.
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Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed as formal legal advice nor the formation of a lawyer/client relationship. Prior results do not guarantee a similar outcome. No attorney-client relationship is formed by viewing this website or submitting a contact form. Results vary based on the specific facts and circumstances of each case.