What counts as a workers' comp claim versus a third party claim?
Workers' compensation covers injuries that happen on the job, no matter who caused them, including your own mistake. It is a no-fault system under Labor Code section 3600. You file a claim against your employer's workers' comp insurance using DWC Form 1 (Employee's Claim for Workers' Compensation Benefits). This pays for medical treatment, temporary disability, permanent disability, and sometimes vocational benefits.
A third party claim is different. It is a civil lawsuit against someone other than your employer or a coworker acting within their job duties. On a construction site, that could be a general contractor who is not your direct employer, a different subcontractor, a crane or scaffolding manufacturer, an architect, or a property owner whose negligence caused your injury. This claim is filed in civil court, not through the Workers' Compensation Appeals Board (WCAB), and it can seek damages workers' comp does not cover, like full pain and suffering and complete lost wages.
This article is general information about California workers' compensation, not legal advice about your situation. Every case is different.
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