Injured on the Job in Thousand Oaks or Westlake Village? You May Have a Claim Beyond Workers’ Comp

Workplace injuries are far more common than many realize.

In 2020 alone, there were 4,764 fatal work injuries and 2.7 million nonfatal workplace injuries and illnesses reported in the United States, according to the Bureau of Labor Statistics (BLS) and Census of Fatal Occupational Injuries. While workers’ compensation typically covers injuries on the job, it may not be your only path to justice.

If you were hurt due to dangerous conditions on someone else’s property while performing your job, you could have a premises liability claim against a third party. This may apply to many common situations, including:

  • A construction worker injured by a structural collapse at a multi-employer job site
  • An office employee slipping in a shared building’s wet hallway
  • A delivery driver falling due to a broken stair or uneven pavement at a customer’s home
  • A landscaper bitten by a client’s unsecured dog
  • A technician or service provider tripping over bunched rugs or unsafe electrical cords inside a private residence or commercial space

These injuries are often the result of negligence by property owners or occupiers, not your employer. If a third party’s failure to maintain a safe environment caused your accident, you may be entitled to additional compensation for your medical costs, lost income, and pain and suffering.

Can You File a Premises Liability Claim and Collect Workers’ Comp in California?

Yes—under California law, you may be eligible to pursue both workers’ compensation benefits and a separate third-party premises liability claim if someone other than your employer contributed to your injury.

For example, if you were injured on a property due to the negligence of a landlord, subcontractor, or business owner while performing your job, you can file a personal injury lawsuit against that third party while still receiving workers’ comp benefits.

However, it’s essential to understand that “double recovery” is not permitted:

  • If you receive compensation from a third-party claim that overlaps with benefits paid by workers’ comp (such as medical costs), you are legally required to reimburse the workers’ compensation insurer for those amounts
  • This principle is outlined in California Labor Code §3856 and related statutes, which allow insurers to recover what they’ve paid if a third party is found liable

Workers’ compensation in California provides a range of benefits based on your injury and ability to work, including:

  • Medical benefits, which cover necessary treatment, medication, rehabilitation, and travel to medical appointments (California Department of Industrial Relations)
  • Temporary disability benefits, typically equaling two-thirds of your lost wages if your injury prevents you from working for a period of time (CA Labor Code §4653)
  • Permanent disability benefits for lasting impairment that affects your earning ability (CA Labor Code §4658)
  • Supplemental job displacement benefits, which provide a voucher for retraining if you cannot return to your previous job
  • Death benefits, including funeral expenses and financial support for surviving dependents (California DIR)
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Establishing Liability in a Workplace Premises Liability Case

If you were injured on the job due to a hazardous condition on someone else’s property, you may be able to bring a premises liability claim in addition to receiving workers’ compensation. To establish liability under California law, you must prove the following elements:

  • You suffered an injury or harm
  • The party you’re suing owned, leased, occupied, or controlled the property
  • That party was negligent in maintaining or using the property
  • Their negligence was a substantial factor in causing your injury


Our team at The Swanson Law Group understands the complexities of proving negligence in these cases, especially when your injury occurs at work. We work tirelessly to investigate all responsible parties and fight for the full compensation you deserve.

How do you establish liability in a workplace injury premises liability claim?

In premises liability cases, to prove liability, you must show that:

  • You were harmed
  • The defendant owned the property or leased, occupied, or controlled it
  • The defendant was negligent in the use or maintenance of the property
  • The defendant’s negligence was a substantial factor in causing your harm

A workplace accident lawyer in San Jose at Swanson Law Group is very knowledgeable and will work hard for you to get you what you deserve. 

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The Swanson Law Group: The Legal Team Insurance Companies Don’t Want You to Call

After a workplace injury, your first priority should be getting medical care. Your next step? Contacting a legal team that knows how to fight back.

At The Swanson Law Group, our experienced workplace accident and premises liability attorneys—serving Thousand Oaks and Westlake Village—will thoroughly investigate your case, identify all liable parties, and pursue every avenue for compensation.

We’re here to help you heal, rebuild, and confidently move forward. While we treat our clients with compassion and personalized support, we are relentless and strategic when facing insurance companies. Our mission is simple: protect your future, maximize your recovery, and ensure you’re never left to navigate this process alone. Contact us today to book your case consultation.

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