When Workers' Comp Is Not Enough
Workers' comp may not cover everything after a work injury in Fresno. Attorney Gilbert Fisher explains when injured workers may be entitled to more.
By Gilbert E. Fisher · Jun 11, 2026 · 7 min read
I've been doing this work for more than 20 years. And in that time, one of the things I've noticed, over and over, is how many injured workers accept a workers' compensation offer without ever knowing there might have been more available to them.
That's not a criticism. The system moves fast. You're in pain, you're worried about your income, and someone is handing you paperwork and telling you this is how it works. Most people sign and move on.
But I started my career on the other side of that table. I worked for the insurance companies before I started representing injured workers. I know how those offers are put together, and I know what they're designed not to include.
Losing my father to a workplace injury is part of why I do this work. I understand what it means when someone's life is changed by an injury on the job. And I believe injured workers in Fresno deserve to know all of their options before they close a case.
Understanding Your Benefits
What Workers' Comp Actually Covers, and Where It Stops
Workers' compensation in California provides real, meaningful benefits. If you're injured on the job, you're generally entitled to:
- Medical treatment related to your injury
- Temporary disability payments while you're unable to work
- Permanent disability benefits if your injury causes lasting limitations
- Mileage reimbursement for medical appointments
That's not nothing. But it's also not everything.
Workers' comp does not cover pain and suffering. It doesn't replace your full lost wages. Typically it covers only a portion of them. It doesn't account for future earning capacity if your injury limits the kind of work you can do going forward. And it doesn't put you in control of your medical care.
When I sit down with a new client, I'm not just looking at what workers' comp will pay. I'm looking at what the injury actually cost, and whether the comp offer comes anywhere close to covering it.
When There May Be More
When Your Injury Might Be Worth More Than You Were Told
Workers' compensation and personal injury claims are two separate things. And in some cases, you may have the right to pursue both.
Workers' comp covers injuries that happen on the job, regardless of fault. A personal injury claim is different. It's based on someone's negligence, and it can provide compensation that workers' comp simply doesn't allow for, including damages for pain and suffering and a fuller recovery of lost income.
The key question is whether someone other than your employer played a role in what happened to you.
In my experience working with injured workers in Fresno, third-party claims often arise from situations like:
- Defective equipment or machinery. If the tool, machine, or vehicle that caused your injury was designed or manufactured with a defect, the manufacturer may be liable.
- Negligent contractors or subcontractors. On many job sites, multiple companies are working at the same time. If another company's employees or equipment contributed to your injury, that opens a separate avenue for recovery.
- Another driver. If you were hurt in a vehicle accident while doing your job and another driver was at fault, you may have a claim against that driver in addition to your comp benefits.
- Unsafe property. If your injury happened on property that isn't owned or maintained by your employer, the property owner may bear some responsibility.
The first question I ask when someone comes to me isn't "What did your employer do?" It's "Who else was involved?"
Workers' Compensation
Covers medical expenses and partial wage replacement regardless of fault. Available to most employees injured on the job. Does not include pain and suffering.
Personal Injury Claim
Available when a third party's negligence caused or contributed to the injury. Can provide additional compensation beyond workers' comp, including pain and suffering.
What Most Workers Don't Realize
Why These Options Often Go Unexplored
The workers' compensation system is built for speed and finality. Insurers are motivated to close claims quickly, and most injured workers are simply trying to get through a difficult time. Third-party liability isn't something that comes up in the paperwork your employer hands you.
This is one of the reasons I believe so strongly in meeting with every client personally, from the very first conversation. Not a paralegal. Not a junior associate. Me.
When I sit across from someone and hear what happened, I'm listening for details that might not seem significant to them but that I know matter legally. The name of the contractor on the site. The brand of the machine. Who services the equipment. These are the details that can change the value of a case entirely.
At larger firms, those conversations happen with staff who may not know what to listen for. Here, they happen with me.
A Crucial Moment
Dealing With the Insurance Company
Before you sit down with the insurance company, watch this. In this short video, Mr. Fisher explains exactly why insurers request depositions, and what they're really looking for when they do.
Taking a Closer Look
What I Look for When I Review Your Case
Every case is different, but when I'm evaluating whether there's more available beyond a workers' comp claim, I'm generally asking:
- Was any equipment involved, and who made it, owned it, or maintained it?
- Were there other companies or contractors on the premises?
- Did the injury occur at a location other than your primary workplace?
- Was a vehicle involved, and was another driver at fault?
- Does the workers' comp offer reflect the actual long-term impact of the injury?
I've spent years in Fresno. I know this court system, I know the Workers' Compensation Appeals Board, and I know how cases move through the local legal landscape. That experience matters when you're trying to build the strongest possible case, and when you're sitting across from an insurance company that has been doing this for decades.
If you've already received a workers' comp offer and something doesn't feel right, or if you're just not sure whether you've been told the full story, I'm happy to take a look. There's no cost to have that conversation.
A Client's Perspective
What It's Like to Work With Mr. Fisher
Charles came to me after being denied medical care for 30 days following a fall at work. He didn't know his rights. By the time we finished, he did. Here's his story in his own words.
"You're not going to be rich, but you want to get taken care of the best way, to get your health and feel like you're being compensated for what happened to you."
— Charles, workers' compensation client
Start With a Conversation
You May Be Entitled to More Than You've Been Told
Workers' comp is often the floor, not the ceiling. For many injured workers, it's the right and only path forward. But for others, there's more on the table, and the only way to know is to have someone look at the full picture with you.
That's what I do.
If you were injured at work in Fresno, I'd encourage you to reach out before you close your case. Consultations are always free. I work on a contingency basis, which means you pay nothing unless I win. And if it's easier, I'm available to meet at your home or in the hospital.
Speak With a Workers' Comp Lawyer in Fresno, CA
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