If you’ve been injured on the job in California, you may wonder whether you can sue your employer directly. In most cases, California’s workers’ compensation system prevents employees from filing a civil lawsuit against their employer for workplace injuries. However, there are exceptions where injured workers can pursue additional legal action.
This guide explains when you can and cannot sue your employer for a workplace accident in California and outlines other options for recovering compensation.
1. The Exclusive Remedy Rule in California
General Rule
Under California Labor Code § 3600, workers’ compensation is considered the “exclusive remedy” for employees injured on the job. This means:
- You generally cannot sue your employer in civil court.
- You must file a workers’ compensation claim to recover benefits, regardless of who was at fault.
What Does Workers’ Compensation Cover?
- Medical treatment
- Temporary disability payments (partial wage replacement)
- Permanent disability benefits (if you suffer lasting impairments)
- Supplemental job displacement benefits (job retraining vouchers)
- Death benefits for surviving dependents (if the injury is fatal)
2. Exceptions: When You Can Sue Your Employer
There are several exceptions to California’s exclusive remedy rule that may allow you to sue your employer directly.
1. Serious and Willful Misconduct
- If your employer engaged in serious and willful misconduct—for example, intentionally ignoring workplace safety regulations—you may be able to file a claim for additional workers’ compensation penalties under Labor Code § 4553, but this is still within the workers’ comp system.
- However, civil lawsuits against employers are allowed in some serious misconduct cases under other laws.
2. Lack of Workers’ Compensation Insurance
- If your employer fails to carry workers’ compensation insurance as required by law, you may sue them directly in civil court for negligence.
- You may also be entitled to workers’ compensation benefits from California’s Uninsured Employers Benefits Trust Fund (UEBTF).
3. Dual Capacity Doctrine
- If your employer operates in a separate capacity (e.g., as the manufacturer of defective equipment that injured you), you may be able to file a product liability lawsuit against them.
4. Fraudulent Concealment of Injury or Illness
- If your employer conceals a dangerous condition or work-related illness, worsening your condition, you may have grounds for a civil lawsuit.
5. Assault or Intentional Harm by the Employer
- If your employer intentionally assaults or harms you, you can bypass workers’ comp and file a personal injury lawsuit.
3. When Can You File a Third-Party Lawsuit?
Even if you cannot sue your employer directly, you may still sue third parties who contributed to your accident.
Common Third-Party Defendants Include:
- Subcontractors or vendors who caused unsafe conditions.
- Property owners who failed to maintain a safe worksite.
- Product manufacturers (if defective equipment caused your injury).
- Motorists who caused an accident while you were driving for work.
Example: A construction worker injured by a defective power tool may sue the tool manufacturer while also receiving workers’ compensation benefits.
4. Third-Party Lawsuits Allow for Additional Compensation
A workers’ comp claim provides limited benefits, but a third-party lawsuit allows you to recover:
- Full wage replacement (instead of two-thirds of your wages).
- Pain and suffering damages.
- Loss of consortium (impact on spousal relationship).
- Punitive damages if gross negligence or recklessness is proven.
5. Examples of Cases Where Workers Sued Employers
1. No Workers’ Comp Insurance
- A warehouse worker suffers a forklift accident and discovers their employer did not carry workers’ compensation coverage. The employee files a negligence lawsuit against the employer.
2. Intentional Harm
- A manager physically assaults an employee during a dispute. The injured worker bypasses the workers’ comp system and files a civil lawsuit for assault and battery.
3. Dual Capacity Doctrine
- A company manufactures its own defective scaffolding, which collapses and injures an employee. The injured worker sues the employer under product liability laws.
6. Can You Receive Both Workers’ Compensation and Third-Party Compensation?
Yes. You can pursue workers’ compensation benefits while also filing a third-party personal injury lawsuit. However, your employer may assert a “lien” on your third-party settlement to recover a portion of what workers’ comp paid.
7. Why You Should Consult a Workplace Injury Lawyer
Because workplace accident cases may involve complex legal exceptions and third-party liability, hiring an attorney is crucial. A lawyer can:
- Determine if you have grounds to sue your employer directly.
- Identify third-party defendants responsible for your injuries.
- Maximize your compensation through workers’ comp and civil claims.
- Handle disputes over serious and willful misconduct claims.
Conclusion
In most cases, California workers’ compensation laws prevent direct lawsuits against employers. However, you may sue your employer if they lack insurance, engage in intentional harm, or if exceptions such as serious and willful misconduct apply. Injured workers may also file third-party lawsuits to recover damages beyond workers’ comp benefits. Consulting a work injury attorney in San Diego can help you navigate these rules and ensure you receive full compensation.
References
- California Labor Code § 3600. (2023). Exclusive remedy rule. Retrieved from https://leginfo.legislature.ca.gov
- California Labor Code § 4553. (2023). Serious and willful misconduct claims. Retrieved from https://leginfo.legislature.ca.gov
- California Uninsured Employers Benefits Trust Fund (UEBTF). (2023). Workers’ compensation claims without employer insurance. Retrieved from https://www.dir.ca.gov
- California Civil Code § 3294. (2023). Punitive damages for intentional harm. Retrieved from https://leginfo.legislature.ca.gov
