Can I Sue My Employer for a Workplace Injury in California?

Workplace injuries can be physically, emotionally, and financially devastating. In California, the primary avenue for addressing such injuries is through the workers’ compensation system, a no-fault framework designed to provide benefits like medical care and wage replacement without the need to prove employer negligence. 

However, many injured workers wonder if they can sue their employer directly in civil court for additional compensation, such as pain and suffering or punitive damages. While workers’ compensation is typically the exclusive remedy, there are specific exceptions where a lawsuit against an employer is permissible. This blog explores these exceptions, relevant legal statutes, recent developments, and practical considerations for injured workers in California.

Understanding California’s Workers’ Compensation System

California’s workers’ compensation system, governed by the California Labor Code Section 3600 et seq., mandates that employers carry workers’ compensation insurance to cover employees injured “arising out of and in the course of employment.” Benefits typically include:

• Medical expenses for treatment related to the injury.
• Temporary disability payments for lost wages during recovery.
• Permanent disability benefits for lasting impairments.
• Vocational rehabilitation for retraining if the employee cannot return to their previous role.
• Death benefits for dependents in case of fatal injuries.

The system operates on a no-fault basis, meaning employees receive benefits regardless of who caused the injury, and employers are generally protected from civil lawsuits under the exclusive remedy rule (Cal. Labor Code § 3602). This rule ensures quick access to benefits for workers while shielding employers from costly litigation. However, there are limited circumstances where employees can bypass this system and sue their employer in civil court.

Exceptions to the Exclusive Remedy Rule

While workers’ compensation is the default, California law recognizes several exceptions where an employee may file a civil lawsuit against their employer for a workplace injury. These exceptions are narrowly defined and require specific conditions to be met. Below are the primary scenarios:

1. Employer’s Intentional Harm

If an employer intentionally causes an injury, such as through a willful physical assault, the exclusive remedy rule does not apply (Cal. Labor Code § 3602(b)(1)). For example:

• An employer physically assaults an employee, causing injury.
• An employer deliberately modifies equipment in a way they know will harm the employee.

To succeed, the employee must prove intentional misconduct, not mere negligence.

2. Lack of Workers’ Compensation Insurance

California law requires most employers to carry workers’ compensation insurance (Cal. Labor Code § 3700). If an employer fails to maintain coverage, an injured employee can sue directly in civil court (Cal. Labor Code § 3706). In such cases:

• The employer cannot rely on the exclusive remedy rule.
• The employee may seek damages for medical expenses, lost wages, pain and suffering, and potentially punitive damages.
• The Uninsured Employers Benefits Trust Fund (UEBTF) may pay workers’ compensation benefits, which the employee must repay if they win a civil judgment.

This exception incentivizes compliance with insurance mandates and protects workers from uninsured employers.

3. Fraudulent Concealment of Hazardous Conditions

If an employer knowingly conceals a dangerous condition that causes or aggravates an injury, the employee may sue for damages (Cal. Labor Code § 3602(b)(2)). This applies to situations like:

• Exposure to toxic chemicals (e.g., asbestos) without informing employees of the risks.
• Hiding known workplace hazards, such as unsafe machinery.

4. Dual Capacity Doctrine

Under the dual capacity doctrine, an employer acting in a secondary role—such as a product manufacturer—may be sued if the injury stems from that role (Cal. Labor Code § 3602(b)(3)). For example:

• An employee is injured by a defective machine manufactured by their employer, which was sold or leased to a third party for the employee’s use.
• The employer owns the property where the injury occurs and fails to maintain safe premises.

Legislative changes have limited this doctrine, particularly after Cal. Labor Code § 3602 was amended to restrict lawsuits unless the employer’s product was sold to a third party.

5. Power Press Exception

A specific exception applies to injuries caused by power press machines where the employer willfully removes or fails to install a safety guard (Cal. Labor Code § 4558). This is known as the “power press exception.” The employee must prove:

• The injury was caused by a power press machine.
• The employer intentionally removed or failed to install a required safety guard.
• The removal or failure proximately caused the injury.

This exception reflects the legislature’s intent to penalize egregious safety violations in high-risk industrial settings.

6. Injuries Outside the Employment Relationship

If an injury occurs outside the scope of employment, workers’ compensation may not apply, allowing a civil lawsuit. For instance:

• An employer assaults an employee during a personal dispute unrelated to work duties.
• An injury occurs due to an employer’s actions in a non-employment capacity, such as a social event.

Third-Party Lawsuits

In addition to suing an employer, employees may file third-party lawsuits against entities other than their employer whose negligence contributed to the injury. Common third parties include:

• Manufacturers of defective equipment or products.
• Property owners who fail to maintain safe premises.
• Contractors or subcontractors whose actions cause harm.
• Negligent drivers injuring an employee during work-related travel.

For example, in Privette v. Superior Court (1993) 5 Cal.4th 689, the California Supreme Court limited employer liability but allowed lawsuits against third parties responsible for workplace injuries. Third-party lawsuits can recover damages not available through workers’ compensation, such as pain and suffering or full wage loss.

Statutes of Limitations

Time limits are critical when pursuing a workplace injury claim:

Workers’ Compensation Claims

Employees must report the injury to their employer within 30 days of the incident or discovery (Cal. Labor Code § 5400). The claim must be filed with the Workers’ Compensation Appeals Board within one year from the date of injury, with exceptions for minors, delayed discovery, or employer concealment (Cal. Labor Code § 5405).

Personal Injury Lawsuits

Civil lawsuits against an employer or third party generally have a two-year statute of limitations from the date of injury or discovery (Cal. Code Civ. Proc. § 335.1). Claims against government entities require an administrative claim within six months (Cal. Gov. Code § 911.2).

Missing these deadlines can bar recovery, so prompt action is essential.

Practical Considerations for Injured Workers

If you’re injured at work in California, consider the following steps:

1. Report the Injury: Notify your employer within 30 days to preserve your workers’ compensation rights. Document the incident in writing and keep a copy.
2. Seek Medical Attention: Obtain a diagnosis and treatment, ensuring medical records link the injury to your work.
3. File a Workers’ Compensation Claim: Complete the DWC-1 form provided by your employer and submit it to initiate benefits.
4. Consult an Attorney: A workers’ compensation or personal injury attorney can evaluate whether an exception applies, allowing a civil lawsuit. They can also identify third-party claims or handle claim denials.
5. Document Evidence: Keep records of medical bills, lost wages, witness statements, and any employer communications, especially if intentional misconduct or concealment is suspected.
6. Understand the Trade-Offs: Workers’ compensation offers guaranteed benefits but limits damages. Civil lawsuits may yield higher compensation but require proving fault and face longer timelines.

Nuances and Challenges

• State vs. Federal Law: California’s workers’ compensation laws apply to most employees, but federal employees follow the Federal Employees’ Compensation Act (FECA), which has different procedures and timelines.
• Independent Contractors: Workers classified as independent contractors are not covered by workers’ compensation, but misclassification may allow access to benefits or a lawsuit.
• Cumulative Trauma: Injuries developing over time (e.g., carpal tunnel syndrome) have a one-year statute of limitations from the date of discovery, complicating claims.
• Retaliation Protections: Firing or retaliating against an employee for filing a workers’ compensation claim is illegal under Cal. Labor Code § 132a, potentially leading to a separate wrongful termination lawsuit.

Why Consult a Lawyer?

Navigating workplace injury claims is complex, especially when determining whether an exception to the exclusive remedy rule applies. An experienced attorney can:

• Assess the viability of a civil lawsuit based on employer conduct or third-party liability.
• Ensure compliance with strict deadlines.
• Maximize compensation by pursuing all available remedies.
• Handle disputes with insurance companies or employers.

Conclusion

In California, suing an employer for a workplace injury is generally limited by the workers’ compensation system’s exclusive remedy rule. However, exceptions exist for intentional harm, lack of insurance, fraudulent concealment, dual capacity, power press injuries, or non-employment-related injuries. Third-party lawsuits offer another avenue for compensation.

If you’ve been injured at work in California and are unsure about your rights or whether you can sue your employer, don’t navigate this complex process alone. Contact Ufkes & Bright, Santa Ana’s trusted workers’ compensation attorneys, for a consultation. With over 50 years of experience, our dedicated team at Ufkes & Bright will personally guide you through your options, from workers’ compensation claims to potential civil lawsuits. 

Call us today at (714) 909-2609 to schedule your appointment and secure the compensation you deserve.