Suing Your Employer After a Workplace Injury
Do you have questions about suing your employer after a workplace injury? Watch this video to learn about your legal rights in the state of California.
Question:
Can I sue my employer after a workplace injury?
Answer:
One of the questions we get here at the firm is whether or not you can sue an employer if you got injured at work. The short answer to that is, if you get injured at work, the way that you will process your claim and hold your employer accountable for the injury that was caused is to file a claim with California’s Workers’ Compensation Board. The board is typically the exclusive place for injured employees to go get the treatment that they need, as well as to be compensated for those claims. The California Workers’ Comp Board is specifically tailored to address the injuries related to injuries occurred while at work.
If you’ve been injured at work and you need assistance in filing a claim with California Workers’ Compensation Board, it’s important for you to find an attorney that specializes in that area of the law. If you have any questions regarding that process, feel free to give me a call. I’m more than happy to answer any questions that you may have.
Workers’ compensation is usually the exclusive remedy against an employer for an industrial injury, but it does not answer every possible claim. California workers comp attorneys can identify benefits, statutory exceptions, and responsible third parties.
The Exclusive-Remedy Rule
California generally directs claims for an employee’s work-caused injury into the workers’ compensation system. The worker usually need not prove employer negligence, but receives defined benefits rather than ordinary civil damages for pain and suffering. Calling the employer careless does not by itself create a lawsuit outside that system.
Special statutory exceptions can apply, including certain uninsured-employer situations or conduct outside the compensation bargain. These exceptions are narrow and fact-dependent. A worker should not abandon the DWC-1 claim while investigating a possible civil case.
Claims Against Third Parties
A negligent equipment manufacturer, property owner, outside driver, subcontractor, or another company may be liable when its conduct caused the injury. A third-party case can provide damages unavailable in workers’ compensation. The carrier may assert a lien or credit for benefits it paid, so both matters must be coordinated.
Preserve the machine or product, photographs, contracts, witness information, incident reports, and the identity of every company at the site. Civil evidence can disappear before the workers’ compensation medical case is finished.
Retaliation and Employment Claims
Labor Code section 132a prohibits specified discrimination for filing or intending to file a claim, receiving an award, or testifying. The petition is generally filed at the WCAB in a pending case within one year of the discriminatory act. Disability accommodation, protected leave, whistleblower, or safety-retaliation laws may support separate claims with different forums and deadlines.
An injury does not automatically make every termination unlawful. The stated reason, decision maker’s knowledge, timing, comparative treatment, restrictions, and accommodation communications must be evaluated.
Evidence and Deadlines
- Return the DWC-1 and preserve claim notices.
- Identify all third parties, insurers, property owners, and equipment.
- Keep medical restrictions, modified-duty offers, discipline, and termination records.
- Save photos, video, witness contacts, safety complaints, and contracts.
- Calendar workers’ compensation, government-claim, employment, and civil deadlines separately.
Common Questions
Can I sue a coworker?
Workers’ compensation usually covers ordinary coworker negligence, though intentional conduct and other exceptions require review. The employer relationship and scope of work matter.
Can I receive both workers’ compensation and third-party damages?
Potentially, but lien and credit rules prevent double recovery for the same loss. Settlement terms should address those interests.
Where can I learn the compensation process?
The Division of Workers’ Compensation publishes official injured-worker guides.
Employer Insurance and Uninsured Claims
Confirm the workers’ compensation carrier and policy period. When an employer lacks required coverage, special claims may be available through the Uninsured Employers Benefits Trust Fund, with additional forms and proof. The lack of insurance can also affect civil remedies. Preserve business names, owners, pay records, worksite information, and any insurance certificate.
A civil lawsuit and compensation claim can produce different discovery and settlement obligations. Statements, medical authorizations, and releases in one matter may affect the other, so use consistent facts and coordinate proposed resolutions.
Before signing any release, list every defendant, policy, benefit, lien, and unresolved medical need. A release drafted for one dispute can contain broader language than expected.
Are you or a loved one in the process of filing an employment claim in California and have questions about suing your employer after a workplace injury? Contact the experienced California employment law attorneys at the Myers Law Group today for a free consultation and case evaluation.
We can help get your life back on track.
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