“Eman at Yazdchi Law was extremely professional, responsive, and supportive at all times. He and his staff exceeded all of my expectations.”
Andrea Dalessandro
✦ Certified Specialist in Workers’ Compensation Law — Certified by the State Bar of California, Board of Legal Specialization ✦
Serving injured workers across California. Board-certified specialist; no fee unless we win.
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization
In California, Labor Code §3852 preserves the injured worker's right to sue a third-party tortfeasor — a negligent driver, a defective product manufacturer, a property owner — for the same industrial injury covered by workers' compensation. The two recoveries run in parallel. Yazdchi Law handles California §3852 third-party claims statewide.
California Labor Code §3852 preserves the California injured worker's right to sue a third-party tortfeasor for the same industrial injury covered by the workers' compensation claim. The §3852 California rule means the California Labor Code §3601 exclusive-remedy bar against the employer does NOT extend to third parties whose negligence or defective product contributed to the injury. The comp claim flows against the employer or insurer; the §3852 civil action flows against the third party. Both proceed at the same time on different tracks.
Under California Labor Code §3852, a California third party is any non-employer whose conduct contributed to the industrial injury. Common third parties include: a negligent driver who collided with a worker on a delivery route, a defective product manufacturer (forklift, power tool, ladder), a property owner where the worker was injured on premises, a general contractor when the worker was a subcontractor's employee, or another company's employee whose negligence caused the injury. The §3852 California rule unlocks tort recovery against each.
Under California Labor Code §3852, the California third-party civil action recovers ordinary tort damages — economic damages (medical bills, lost wages, future earnings loss) AND non-economic damages (pain and suffering, emotional distress, loss of consortium). The §3852 recovery captures categories of damage NOT available in the comp system, which does not pay pain and suffering. The §3852 California civil action runs on tort principles, separate from the no-fault California Labor Code §3600 framework.
Under California Labor Code §3852 (right to sue) and California Labor Code §3856 (allocation), once a California third-party recovery is obtained, §3856 allocates it in fixed priority: litigation costs and attorney fees first, then the employer/insurer's subrogation lien for comp benefits paid (California Labor Code §4600 medical, California Labor Code §4653 TD, California Labor Code §4660 PD), with the remainder to the worker. The §3852 right plus §3856 allocation is the complete California third-party framework.
Under California Labor Code §3601 and California Labor Code §3852, California workers' compensation is the exclusive remedy against the employer — but California Labor Code §3852 carves out third-party civil actions. A California worker injured in a vehicle collision on a delivery route receives California Labor Code §3601 comp benefits AND can sue the at-fault driver under §3852. The §3852 recovery is in addition to comp, not in lieu, subject only to the California Labor Code §3856 subrogation lien allocation.
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Tap to call →Last reviewed by Eman Yazdchi, Esq., May 2026.
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