Can I Sue My Employer After a Work Injury in California?

Last Updated June 2025

In California, you can sue for a work-related injury, but only under specific circumstances. Although most job-related injuries are handled through the workers' compensation system, there are important exceptions that allow injured employees to file a lawsuit against their employer.

California's workers' compensation laws generally prevent employees from suing their employers directly. This is known as the “exclusive remedy” rule. In exchange for providing no-fault benefits, employers are protected from most personal injury lawsuits related to workplace accidents.

However, this protection is not absolute. The law allows lawsuits in cases involving serious misconduct, safety violations, or a failure to carry workers' compensation insurance. If your situation qualifies, you may be able to seek additional damages beyond what workers' comp provides, such as pain and suffering or full wage replacement.

Exceptions to employer immunity include:

• Dual capacity
• Fraudulent concealment
• Employer assault or ratification
• Power press injuries
• Uninsured employer

Each of these scenarios is explained in more detail below. If you believe your case involves one of these exceptions, speaking with an attorney can help you understand your rights and options.

Key Points - Table of Contents

• When You Can Sue Your Employer For Work Injury
• Understanding Employer Immunity and Exceptions to It
• Statute of Limitations for Work Injury Lawsuits in California
• What to Do If You Are Injured on the Job
• Injured When You're Not on the Job?
• What Are Some of the Common Mistakes That People Make When They File a Claim?
• Where Can I Find the Required DWC-1 Claim Form if My Employer Hasn't Provided Me With It?
• How Likely Is It That I Will Be Able to Sue My Employer?
• If I Do Not Discover an Injury Right Away or If It Develops Over Time, Will This Affect My Workers' Compensation Benefits?
• What Happens If My Place of Work Does Not Have Workers' Compensation Insurance?
• Do I Have the Right to Take Legal Action If This is the Case?
• Difference Between Workers' Compensation and a Civil Lawsuit
• How to Seek Full Compensation
• What if a Third Party Caused My Injury?
• Will an Attorney Charge Me for the Initial Consultation?
• When to Speak With a Lawyer

When You Can Sue Your Employer for a Work Injury

In most cases, injured workers in California must go through the workers' compensation system, which generally bars lawsuits against the employer, even if the employer was at fault. However, there are important exceptions that allow injured employees to sue their employer directly:

• Employer's Intentional Harm
  If your employer intentionally caused your injury, such as through physical assault or deliberately unsafe working conditions, you may have grounds for a personal injury lawsuit. This requires more than negligence; there must be evidence of intentional misconduct.
• No Workers' Compensation Insurance
  California law requires most employers to carry workers' compensation insurance. If your employer failed to obtain coverage, you may be able to sue them directly for your injuries and seek compensation that would not be available through workers' comp, such as pain and suffering or full wage replacement.
• Fraudulent Concealment of Injury
  If your employer knowingly concealed a condition, such as exposure to toxic chemicals or mold, that caused your injury or illness, you may have the right to file a lawsuit.
• Dual Capacity Doctrine
  If your employer was also acting in another role, such as a product manufacturer or property owner, and your injury occurred in that context (for example, due to defective equipment they made), they may be treated as a third party. This could allow you to file a civil claim.
• Violation of OSHA or Safety Regulations
  While a violation of safety rules alone may not be enough to sue, a serious OSHA violation that led to your injury can strengthen your case when other exceptions apply. It can also support a claim of gross negligence or intentional disregard for safety.

Understanding Employer Immunity and Exceptions to It

California's workers' compensation system typically protects employers from being sued for workplace injuries. This legal protection is called employer immunity and is based on the idea that workers receive benefits regardless of fault.

However, employer immunity is not absolute. In certain situations involving serious misconduct or violations of the law, an employee may have the right to pursue a civil lawsuit instead of relying solely on workers' compensation.

These exceptions are narrow and fact-specific. If you believe your injury involved more than just a standard workplace accident, a consultation with an attorney can help clarify your legal options.

Statute of Limitations for Work Injury Lawsuits in California

If you are considering filing a lawsuit for a work injury in California, it is critical to understand the deadlines that apply. These time limits, known as the statute of limitations, determine how long you have to take legal action.

For workers' compensation claims, you generally have one year from the date of injury to file a claim with your employer or their insurance company.

If you are pursuing a personal injury lawsuit against your employer (under one of the limited exceptions) or a third party, the statute of limitations is usually two years from the date of the injury. If the injury was not immediately discovered, the clock may begin when you knew or reasonably should have known about it.

Missing these deadlines can prevent you from recovering any compensation. That's why it's important to speak with an attorney as soon as possible to protect your rights and avoid losing your ability to file a claim.

What to Do If You Are Injured on the Job

If you were injured on the job, you may be able to file a lawsuit against your employer. Here are some important steps that you would be well advised to take in order to find out whether you are able to do so.

• Workers' compensation eligibility: One of the first questions to ask if you've been injured on the job is whether or not you are eligible for workers' compensation benefits. If you are, it is highly likely that you may not be able to sue your employer. It is important that you file a claim for benefits in such cases.
• Medical evaluation: You will need to show evidence of the cause and extent of injuries you suffered on the job. Therefore, it is important that you get a comprehensive medical evaluation as soon as possible. You may need to see a doctor approved by your employer in order to preserve your eligibility for workers' compensation.
• Accident details: Write down as many details as possible about the accident because critical details can get fuzzy as time goes by. You have a better advantage when you have rich detail.
• Work injury lawyer: It is also crucial that you contact an experienced lawyer who has a track record of representing injured workers.

Injured When You're Not on the Job?

Is it possible to sue your employer for medical expenses and other losses if you were not on the job when you suffered your injury? The answer in most cases is: No. But, there are still exceptions. For example, while commuting to and from work is generally not considered "on the job," you may be able to seek workers' compensation benefits if you were running a work-related errand on the way to or from work.

Similarly, you may be eligible for a work injury settlement even if you were not on your employer's premises at the time of the accident. For example, if you were on a company trip and suffered an accident during that time, you may be eligible for compensation.

What Are Some of the Common Mistakes That People Make When They File a Claim?

Here are some of the common mistakes injured employees make when they file a workers' compensation claim in California:

• Failing to report a workplace injury to your employer. In California, you must report your injury to your employer within 30 days of the incident or as soon as you discover that you suffered an injury on the job. Not doing so could cause you to lose your right to file a workers' comp claim.
• Filing your workers' compensation claim paperwork late. This must be done within 30 days of your injury as well.
• Putting off seeing a doctor after your work injury. If you wait too long, you may lose your chance to secure workers' comp benefits.
• Disregarding your doctor's treatment plan for your work-related injury. Be sure to follow your doctor's orders.
• Discussing your workers' comp claim on social media. You should keep details of your workers' comp claim confidential. Any statements you make on social media or other public forums can be used against you.
• Not seeking the counsel of an experienced California workers' compensation lawyer. Workers' compensation law can get extremely complicated. Having a knowledgeable lawyer on your side will help ensure that you avoid any pitfalls during the claim process that could jeopardize your chances of getting fair compensation.

Where Can I Find the Required DWC-1 Claim Form if My Employer Hasn't Provided Me With It?

If you have suffered an injury on the job, the first step you need to take is to tell your supervisor about it right away. If your injury or illness developed over time, report it as soon as you learn that it was caused by your job. Doing so helps prevent issues with delays in receiving benefits, especially medical care that you may need right away. If your employer does not learn about your injury within 30 days and this prevents them from full investigating your case, you could lose your right to receive workers' compensation benefits.

One of the most important steps to take after your job-related injury is to fill out a DWC-1 claim form and give it to your employer. Your employer must give you or mail you this claim form within one working day after learning about your injury or illness. If your employer does not give you the form, you can download it from the forms page of the Division of Workers' Compensation website.

It is important that you give the completed claim form to your employer because doing so opens your workers' compensation case. It starts the process for finding all benefits for which you may qualify under state law.

How Likely Is It That I Will Be Able to Sue My Employer?

In most cases, you cannot sue your employer for a work injury because workers' compensation is the exclusive remedy. However, if your situation involves more than just an accident or negligence, such as intentional harm, lack of workers' comp insurance, or a cover-up of hazardous conditions, a lawsuit may be possible.

These exceptions are uncommon but serious. The likelihood of being able to sue depends on the facts of your case. Speaking with an experienced attorney is the best way to find out if your injury qualifies for a claim outside the workers' compensation system.

If I Do Not Discover an Injury Right Away or If It Develops Over Time, Will This Affect My Workers' Compensation Benefits?

If you do not discover your work injury right away or if it is an injury or illness that develops over time, your workers' compensation should not get affected. If you developed injuries gradually such as tendinitis or hearing loss as a result of your job, report it as soon as you learn about it or if you believe it was caused by your job.

Reporting promptly as soon as you learn about an injury helps avoid problems and delays in receiving benefits including prompt medical care, which is very important in such situations. However, if you delay reporting your injury or fail to report it within 30 days of finding about your injury or that your job caused it, you could lose your right to receive workers' compensation benefits.

An important part of the process is filling out a Workers' Compensation Claim Form or DWC-1 claim form. Your employer should provide you with this form within one working day after you report your injury or illness. Read all the information that comes with the form. Fill out and sign the employee portion of the form. Describe your injury completely. Do this right away and turn the form in to your employer as soon as possible to avoid problems or delays with your workers' comp claims process.

What Happens If My Place of Work Does Not Have Workers' Compensation Insurance?

California law requires employers to carry workers' compensation insurance. In California, employers can obtain workers' compensation insurance by purchasing a policy from an insurance company or a certificate from the Director of Industrial Relations that will enable the employer to self-insure. Employers that insure themselves are typically larger companies with thousands of workers. They may find it cheaper to handle the claims themselves than pay an insurance company.

Not having workers' compensation insurance can certainly put injured workers in a spot as well as employers who can face fines and even imprisonment under California law. However, if you are injured and your employer does not have workers' compensation insurance, you can still pursue workers' comp benefits directly from your employer.

A California employer who fails to obtain workers' compensation coverage could be looking at a misdemeanor criminal offense punishable by up to one year in county jail and a penalty up to double the amount of the premium, but not less than $10,000. If your employer does not have insurance and you suffered catastrophic injuries, your permanent disability will be increased by 10%. Also, if it is determined that an employer has failed to obtain California workers' compensation insurance, they will be barred from hiring or retaining any employees until they obtain workers' comp insurance.

Do I Have the Right to Take Legal Action If This is the Case?

You can take legal action if your employer does not have workers' compensation as is required in the state of California. You can sue your employer in civil court. If your employer lacks the funds to pay your benefits, then a state agency called the Uninsured Employers Benefit Trust Fund (UEBTF), will pay the workers' compensation benefits.

An injured worker must make a request to the UEBTF to pay benefits if the employer cannot. Some of the documents that must be sent to the agency include:

• Your medical reports documenting you work injury
• Any medical bills relating to your work injury
• Proof of employment such as a W-2 or paystubs
• Special Notice of Lawsuit to notify the employer
• Petition to Join Party Defendant UEBTF

In order to file a civil lawsuit against your employer, you must prove that your employer lacked workers' comp insurance at the time of the injury. You have three years from the date of the injury to file a claim in civil court. If you win a civil judgment against your employer, you must pay back the UEBTF for any benefits it paid you in the workers' comp case.

Difference Between Workers' Compensation and a Civil Lawsuit

When workers suffer injuries on the job, they are usually compensated under California's workers' compensation system, which is separate from civil courts. By filing a workers' compensation claim, an injured worker can receive compensation for medical expenses and a portion of their lost wages.

However, workers' comp is a "no-fault system," which means workers are compensated regardless of whose fault the accident was. In exchange for these benefits, employees give up the right to sue their employers. California law requires employers to have workers' compensation insurance to help ensure that injured workers can receive timely benefits.

Workers' comp also limits employees with regard to what compensation they can seek. For example, if you have suffered injuries so severe that it diminishes your earning capacity, the benefits you receive from workers' compensation will be far less than what you could get by filing a personal injury civil lawsuit against a third party whose negligence might have caused your accident and injuries.

In a civil lawsuit, as a plaintiff, you will be required to prove that the defendant's negligence caused your accident, injuries and losses. However, you may be able to receive additional compensation for damages including long-term medical care and ongoing treatment, loss of earning capacity, punitive damages, loss of consortium, and pain and suffering.

Civil lawsuits are worth much more than workers' compensation claims. If you have been injured on the job, it is important that you consult with an experienced Los Angeles work injury lawyer to discuss the potential for a civil lawsuit in addition to seeking workers' compensation benefits.

How to Seek Full Compensation

Whether or not you are eligible for workers' compensation benefits or you are able to sue your employer under one of the exceptions described above, you may also be able to pursue a third-party personal injury claim if someone other than your employer caused your injuries. Some common examples of defendants in third-party cases areare  contractors, subcontractors, property owners, negligent drivers, and manufacturers or distributors of defective products. The immunity rule under California's workers' compensation law only applies to your employer. You can sue any other person or entity that is responsible for your injuries.

What if a Third Party Caused My Injury?

If someone other than your employer caused your work injury, you may be able to file a personal injury lawsuit against that party. This is known as a third-party claim and is separate from your workers' compensation case.

Common examples include injuries caused by contractors, property owners, drivers, or defective equipment. These parties are not protected by the same legal immunity as your employer.

A third-party lawsuit can provide compensation beyond what workers' comp offers, such as full wage loss and pain and suffering. An attorney can help you determine if this applies to your situation and guide you through both claims.

Will an Attorney Charge Me for the Initial Consultation?

In California, most work injury lawyers provide free initial consultations to injured workers. The lawyer will evaluate your case and give you an idea of what it would take to handle your case. It would be in your best interest to go well prepared for this meeting with any questions or specific concerns you may have about your case. You can use this opportunity to determine whether the attorney you are speaking with has specific experience handling workers' compensation and work injury cases, and whether he or she is the right lawyer to represent you and fight for your rights.

Work injury lawyers in California are also paid on a "contingency fee" basis. This means your attorney will receive a percentage of the compensation they have helped secure in your case. You do not pay by the hour and you do not pay any fees if you don't receive compensation.

If your case was a third-party injury lawsuit, your lawyer will still receive a contingency fee based on the compensation they win for you. The bottom line is you do not have to pay any fees unless your case has been adjudicated and receive compensation for your losses.

When to Speak With a Lawyer

If you or a loved one has suffered a work-related injury in California, it is important to take that first step and schedule a free consultation with an experienced work injury lawyer. At Greenberg and Ruby, we have a long and successful track record of helping injured workers fight for their rights and secure maximum compensation for their losses. Whether you were injured on the job, away from your workplace or were injured by a third party, we can help evaluate your case and help you make the decisions that can help bring you the best outcome.