Why People Struggle to Successfully Sue Their Employer
- California’s exclusive remedy rule generally prevents employees from bringing civil lawsuits against employers over workplace injuries.
- Workers’ compensation is a no-fault system, meaning you don’t need to prove employer negligence, but damages are limited.
- Exceptions to the exclusive remedy are rare and tightly defined, making it difficult to meet the legal standard.
- Some employers may try to argue that an injury doesn’t fall within the scope of employment, or that the exception doesn’t apply.
- Failure to act promptly, reporting the injury, filing claims, preserving evidence, can foreclose your rights. (We discuss time limits below.)
In this article, you’ll learn how to avoid these pitfalls and make informed choices.
How California’s Workers’ Compensation System Works
In California, most employees who are injured at work must seek compensation through the workers’ compensation system, not by suing their employer. This system is based on a trade-off: employees give up the right to sue (in most cases) in exchange for a faster, no-fault process for medical care and wage benefits.
Under workers’ comp, you may receive benefits such as:
- Medical treatment for injury or illness
- Temporary disability benefits if you can’t work while recovering
- Permanent disability benefits if your injury results in lasting impairment
- Vocational rehabilitation, if needed
For virus-related workplace illnesses, see our guide to COVID-19 workers’ compensation in California.
Because these benefits don’t require proving employer fault, the process is more streamlined than traditional lawsuits.
However, workers’ compensation does not allow recovery for damages such as pain and suffering, emotional distress, or punitive damages. Those may only be pursued in a civil lawsuit, but only in limited circumstances.
If your work injury leaves lasting impairments, you may qualify for permanent disability benefits in California, which are determined based on your PD rating and other factors.
When You Can Sue Your Employer: Exceptions to the Rule
Although the exclusive remedy is the default, California law recognizes four main exceptions that may allow you to file a civil lawsuit against your employer. If you meet the criteria, you might recover additional damages beyond what workers’ comp provides.
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- Intentional or Willful MisconductIf your employer intentionally caused the injury, or acted in “serious and willful misconduct,” you may sue. For example, deliberately disabling a safety guard or knowingly exposing you to hazards could cross the threshold.
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- Fraudulent ConcealmentIf your employer concealed the existence of a dangerous condition or misrepresented your exposure to risks, and that concealment contributed to your injury, you may have a claim.
- Dual Capacity / Product Liability RoleIf your employer acts in another capacity (not just as your employer) and that capacity causes your injury, for example, if they designed or manufactured a defective machine you used, you might sue them in that role.
- No Workers’ Compensation InsuranceIf the employer failed to carry legally required workers’ compensation insurance, they cannot invoke the exclusive remedy defense. You may pursue a civil suit in that case.
In any of these scenarios, you’ll need to prove facts such as employer misconduct, causation, intent, and damages, often a significantly higher legal burden than under workers’ compensation alone.
Additionally, even if you sue under an exception, any workers’ compensation benefits you’ve already received must be credited (deducted) from a civil judgment or settlement.
Pursuing a Third-Party Claim (Separate from Employer)
Even when you can’t sue your employer, you may still have the right to file a lawsuit against a third party whose negligent conduct caused or contributed to your injury.
Workers’ compensation doesn’t just cover sudden accidents, you may also qualify if your condition developed gradually. For example, see how repetitive motion injuries in California workers’ comp claims are handled.
Examples of third parties include:
- A contractor or subcontractor who performed unsafe work
- An equipment manufacturer whose defective machine caused your accident
- A property owner who failed to maintain safe premises where you worked
A third-party claim is a separate lawsuit and can claim full damages (pain and suffering, future income loss, etc.). You can typically receive workers’ compensation benefits while pursuing the third-party case.
Statute of Limitations & Key Deadlines
Time limits are critical. Missing a deadline can forever bar your case. Even if you file on time, insurance companies sometimes deny valid claims. If this happens, learn what to do when your workers’ compensation claim is denied in California.
- Workers’ compensation claim: In California, you must report your injury to your employer immediately, and you ordinarily must file a workers’ compensation claim within one year of the injury.
- Civil lawsuit (exception cases): For cases under the exception rules (e.g. intentional wrongdoing), the statute of limitations is typically two years from the injury date.
Because these time frames can vary based on facts (for example, delayed discovery in exposure cases), it’s important to consult a lawyer as soon as possible.
What Happens If You Meet an Exception?
If your case qualifies under one of the exceptions, pursuing a civil lawsuit against your employer may allow you to recover broader damages, such as:
- Pain and suffering
- Emotional distress
- Loss of future earning capacity
- Punitive damages, in rare cases
However, because these exceptions are narrowly construed, many employer defenses will attack whether you truly met the legal standard (e.g. whether the misconduct was “willful” enough or whether it was in the employer’s dual capacity).
Also note: even when you win or settle in a civil case, courts will offset (subtract) any workers’ compensation benefits you’ve already received.
Frequently Asked Questions
Can I sue my employer just because they were negligent?
No. In most cases in California, you cannot sue your employer for ordinary negligence due to the exclusive remedy rule. You can only sue under specific exceptions such as willful misconduct or dual capacity.
Can I sue a coworker who caused my injury?
Possibly. If that coworker was acting outside the scope of their job, or as a third party, then a third-party lawsuit might be viable. But lawsuits against coworkers are less common and factually complex.
Do I lose my workers’ compensation benefits if I sue?
No, filing a civil lawsuit under an exception does not automatically forfeit your workers’ compensation benefits. However, any award from the lawsuit will be reduced to account for benefits you already obtained.
How long do I have to file a lawsuit if I think I have an exception?
In most civil workplace injury cases, you have two years from the date of injury. But in special situations, different deadlines may apply, so prompt legal consultation is crucial.
What Injured Workers in Los Angeles Should Do Now
- Report your injury immediately. Prompt reporting preserves evidence and your eligibility for benefits.
- File a workers’ compensation claim. This is your basic right under California law.
- Preserve all evidence. Take photos, document hazardous conditions, save medical records, keep witness names.
- Consult experienced counsel promptly. A law firm familiar with California work injury exceptions can analyze whether your case qualifies to sue. In Los Angeles, contact Koszdin, Fields & Sherry at (323) 375-5642. Their Google Business listing is available at https://maps.app.goo.gl/FUFZEBYHnU6XGrRXA, and their firm website is koszdin.com.
Because the exceptions to the exclusive remedy rule are narrow and legally complex, early review by a skilled attorney is often the difference between having a viable lawsuit or being limited to workers’ comp alone.
Conclusion
In California, the workers’ compensation system is generally your exclusive remedy for workplace injuries. That means you cannot typically sue your employer for negligence or standard injury claims. But if your employer’s conduct crosses special lines, such as intentional harm, fraud, or operating in a dual capacity, you may be able to bring a civil lawsuit and seek broader damages beyond workers’ compensation. Additionally, you may pursue a third-party lawsuit independent of your employer.
If you’ve been injured at work in Los Angeles or anywhere in California and believe you might fall within an exception, Koszdin, Fields & Sherry can help you evaluate your rights. For help with work injury claims, contact them at (323) 375-5642.
