When Can You Sue for a Work-Related Injury in California?

Work-related injuries can lead to significant financial, physical, and emotional challenges. In California, most workplace injuries are covered under workers’ compensation, which serves as the primary remedy for injured employees. However, there are specific exceptions where an injured worker can sue their employer or a third party directly.

You can sue for a work-related injury in California if your employer intentionally caused the injury, fraudulently concealed information, acted outside their employment role, or failed to carry workers’ compensation insurance. In such cases, you typically have two years from the injury date to file a lawsuit.

At Scher, Bassett, and Hames, we’ve helped countless injured workers secure fair compensation. In this article, I’ll explain when you can sue for a workplace injury, key exceptions to workers’ compensation laws, and the steps to take if you’ve been injured at work. Let’s explore your legal options.

 

What Is the Statute of Limitations for Work-Related Injury Lawsuits in California?

In California, you have two years from the date of a workplace injury to file a lawsuit. If the injury wasn’t immediately discovered, you have one year from the date of discovery to file.

Timely filing is crucial for protecting your right to pursue legal action. Failing to meet this deadline could lead to your case being dismissed.

Key points about the statute of limitations:

• Two-Year Rule: Applies from the date of the injury for most cases.
• Discovery Rule: If the injury is discovered later (e.g., repetitive strain injuries), you have one year from the date of discovery.
• Consult an Attorney: An experienced workplace injury lawyer can help ensure you file within the appropriate timeframe.

 

 

When Are You Allowed to Sue Your Employer for a Work-Related Injury?

You can sue your employer for a workplace injury in California if they intentionally harmed you, fraudulently concealed their role in the injury, or failed to carry workers’ compensation insurance.

While workers’ compensation is the usual remedy, there are exceptions where suing your employer is allowed:

1. Intentional Harm:
   • If your employer intentionally caused your injury, you can pursue legal action.
   • Examples include physical altercations initiated by your employer or deliberate negligence.
2. Fraudulent Concealment:
   • If your employer hid key information about your injury, their liability increases.
   • For example, covering up exposure to harmful substances.
3. Uninsured Employer:
   • If your employer lacks workers’ compensation insurance, you can file a lawsuit.
   • Employers are legally required to carry insurance for workplace injuries.
4. Dual Capacity Doctrine:
   • If your employer also served another role, like manufacturing a defective product that caused your injury, you can sue under this doctrine.

 

What Industries Are Most Prone to Work-Related Injuries in California?

Industries most prone to work-related injuries in California include construction, healthcare, agriculture, transportation, and manufacturing.

Some common examples include:

• Construction: Falls, equipment malfunctions, and site hazards are common.
• Healthcare: Repetitive strain injuries and patient handling accidents.
• Agriculture: Machinery accidents, pesticide exposure, and heat-related illnesses.
• Transportation: Vehicle accidents and overexertion from loading/unloading.
• Manufacturing: Exposure to hazardous materials, machinery accidents, and repetitive tasks.

 

Can You Sue a Third Party for a Work-Related Injury in California?

Yes, you can sue a third party for a work-related injury in California if their negligence or wrongful act contributed to your injury.

Third-party lawsuits arise when someone other than your employer is responsible for your injury:

• Defective Equipment: Suing manufacturers of faulty machinery.
• Negligent Contractors: Filing claims against contractors on-site who caused the injury.
• Property Owners: If unsafe premises caused the accident, you can sue the property owner.

 

What Steps Should You Take After a Work-Related Injury?

After a work-related injury, report the incident to your employer, seek medical attention, file a workers’ compensation claim, and consult an attorney to explore your legal options.

Taking immediate action is essential to safeguard your health and legal rights:

1. Report the Injury:
   • You must notify your employer about the incident within 30 days.
   • Delayed reporting can jeopardize your claim.
2. Seek Medical Attention:
   • Obtain treatment for your injuries immediately.
   • Ensure your doctor documents the cause and extent of your injuries.
3. File a Workers’ Compensation Claim:
   • Submit your claim as soon as possible to access benefits.
4. Consult an Attorney:
   • If exceptions to workers’ compensation apply, an attorney can guide you through the process.

 

 

How Do Workers’ Compensation Benefits Compare to Lawsuit Damages?

Workers’ compensation benefits typically cover medical expenses, lost wages, and disability, while a lawsuit can also recover pain and suffering and punitive damages.

Explain the differences:

• Workers’ Compensation:
  • Medical bills, wage replacement, and disability benefits.
  • No pain and suffering or punitive damages.
  • Faster but limited financial relief.
• Lawsuit Damages:
  • Compensation for pain and suffering.
  • Punitive damages for intentional harm or gross negligence.
  • Broader financial recovery potential but a longer process.

 

What Evidence Do You Need to File a Work-Related Injury Lawsuit?

To file a work-related injury lawsuit in California, you need evidence such as medical records, witness statements, photographs of the injury or hazard, and documentation of lost wages.

Expand on key types of evidence:

• Medical Records: Proof of injury and its connection to workplace conditions.
• Incident Reports: Documentation of the injury reported to the employer.
• Witness Statements: Testimonies from coworkers or bystanders.
• Photos or Videos: Visual evidence of unsafe conditions or injury.
• Expert Testimony: Professionals validating the severity of the injury or negligence.
• Employment Records: Showing lost wages or employer responsibility.

 

What Are the Potential Damages in a Work-Related Injury Lawsuit?

In a work-related injury lawsuit, potential damages include medical expenses, lost wages, pain and suffering, and punitive damages if intentional harm is proven.

Understanding the types of compensation available can help you pursue a fair outcome:

• Medical Expenses: Covers current and future treatment costs.
• Lost Wages: Includes income lost during recovery and potential future earnings.
• Pain and Suffering: Compensation for the physical and emotional distress experienced.

• Punitive Damages: Applies in cases of intentional harm by the employer.

 

 

What Are Common Defenses Used in Work-Related Injury Cases?

Common defenses in work-related injury cases include employer compliance with workers’ compensation laws and employee negligence contributing to the injury.

Employers may use the following defenses:

1. Workers’ Compensation Exclusivity: Claiming the injury falls under workers’ compensation and cannot proceed as a lawsuit.
2. Employee Negligence: Arguing that the employee’s actions caused or contributed to the injury.
3. Lack of Employer Involvement: Denying responsibility by asserting a third party caused the injury.

 

Contact Scher, Bassett, and Hames for Expert Work Injury Representation!

If you’ve been injured on the job in California, understanding your legal options is crucial. Whether you qualify for workers’ compensation or can pursue a lawsuit, our experienced attorneys are here to help. At Scher, Bassett, and Hames, we specialize in securing maximum compensation for injured workers. Allow us to assist you through each stage of the process.

Call us today at 408-739-5300 or schedule a free consultation online. Protect your rights and take the first step toward recovery today!

 

Related Content:

• How to File a Workers’ Compensation Claim in San Jose
• What Benefits Can You Get From Workers’ Compensation in California?
• How Long Does It Take for a Workers Comp Settlement in California?
• How Much Do Workers Comp Lawyers Charge in California?