Answer: Yes, 100%—California workers’ comp is no-fault, meaning it doesn’t even if the injury was entirely your fault (Labor Code § 3600(a)). Dropped a box on your foot? Tripped over your own shoelaces? Forgot to lock the wheels on a cart? You’re still covered. The insurance has to pay for your doctor visits, part of your lost wages, any lasting disability, and even job retraining if you can’t go back to your old role.
The only times you lose benefits are if:
(1) intoxicated by alcohol or illegal drugs and that was the sole cause of the injury,
(2) intentionally self-inflicted the injury, or
(3) injured during horseplay you initiated.
If I get injured at work in California, who can I sue?
You can only file a workers’ compensation claim against your employer’s insurance (that’s your main way to get paid for doctor bills, lost wages, and any lasting injury). But you cannot sue your boss or the company—workers’ comp is your only remedy against them. However, you CAN sue anyone else who isn’t your employer if they caused or added to your injury.
Example 1: if you get into an accident while doing a delivery for your employer, you can file a workers compensation claim against your employer AND you can sue the driver that caused the accident.
Example 2: If you trip and fall at work because your foot catches on a dangerously torn carpet in your employer’s building hallway, you can sue the property owner if that owner is someone other than your employer (like a landlord, maintenance company or management company), while still collecting full workers’ comp benefits from your employer’s insurance.
Can Undocumented Workers File workers compensation claims in California?
Yes—undocumented workers have the exact same right to file workers’ comp claims in California as anyone else (Labor Code § 3351(a), § 3351.5). If you get hurt at work, you get the same exact benefits as anyone else. Your boss and the insurance company cannot threaten to call ICE just because you file a claim. Just report the injury like anyone else—you’re fully protected under California law.
