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.

In California, you can sue for a work-related injury if your employer intentionally acted negligently, causing your injury, such as through an assault, fraudulent concealment of a hazard, or if they are uninsured, but generally, most work-related injuries are covered under workers’ compensation, limiting your ability to sue your employer directly; the statute of limitations for filing a lawsuit related to a work injury is typically two years from the date of the injury.

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 work-related injury to file a lawsuit. This applies to personal injury cases and lawsuits against third parties.

Explanation

The statute of limitations is the time limit for filing a lawsuit.
The statute of limitations may vary depending on the type of lawsuit. For example, there are different rules for suing the government.
If you’re defending yourself, you can ask the judge to dismiss the case if the person who sued you waited too long.

What to do if you have a work-related injury

Report the injury to your employer as soon as possible.
Consult with an experienced work injury lawyer as soon as possible.

Statute of limitations for workers’ compensation

The statute of limitations for workers’ compensation benefits is one year from the date of injury or last benefit.
The statute of limitations for new and further disability is five years from the date of injury.
In typical cases, workers can receive benefits for up to two years from the date of their injuries.

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

In California, you can sue your employer for a work-related injury if they intentionally caused the injury. This is an exception to the “exclusive remedy” rule, which states that workers’ compensation is the primary way to recover from workplace injuries.

When you can sue

If your employer intentionally harmed you, such as by assault or battery
If your employer intentionally modified machinery that injured you
If your employer withheld protective equipment, knowing it would increase the risk of injury
If your employer denied workers’ compensation benefits in bad faith
If your employer is uninsured

How to sue

To sue your employer, you’ll need to prove that their misconduct caused your injury. You may also need to file a civil lawsuit against a third party who contributed to your injury.

Statute of limitations

In California, you generally have two years from the date of injury to file a personal injury lawsuit after a workplace accident.

Seek legal advice

If you’ve been injured at work, you should consult an experienced workers’ compensation attorney to understand your rights and options.

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

According to available information, the industries in California most prone to work-related injuries include construction, agriculture, transportation and warehousing, healthcare, and manufacturing; with transportation and warehousing often cited as having the highest rate of work-related injuries and illnesses causing missed workdays.

Key points about these industries:

Construction: High risk of falls, equipment malfunctions, and site hazards.
Agriculture: Potential for injuries related to heavy lifting, machinery operation, and exposure to elements.
Transportation and Warehousing: High injury rates due to repetitive motions, lifting heavy objects, and vehicle accidents.
Healthcare: Risk of repetitive strain injuries and patient-related incidents.
Manufacturing: Potential for machinery accidents, overexertion, and repetitive motion injuries.

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

Yes, in California, you can sue a third party for a work-related injury if someone other than your employer is responsible for the accident that caused your injury, allowing you to seek additional compensation beyond what your workers’ compensation benefits provide; this is known as a “third-party claim.”.

Key points about third-party claims in California:

Who can be a third party:This could include a manufacturer of defective equipment, another driver in a work-related car accident, a property owner with a hazardous condition, or a subcontractor whose negligence contributed to the injury.
When to file a third-party claim:If your workplace injury was caused by the negligence of someone other than your employer, you may have grounds to file a third-party claim.
Benefits of a third-party claim:You can potentially recover damages not covered by workers’ compensation, such as pain and suffering, lost wages beyond what workers’ comp provides, and other economic losses.
Legal considerations:
- Notice to employer: You must notify your employer if you intend to sue a third party.
- Employer’s lien: Your employer may have a lien on any settlement you receive from the third-party lawsuit, meaning they can recoup some of the workers’ compensation benefits they paid you.

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

If you experience a work-related injury, the immediate steps to take are: seek medical attention, report the injury to your employer promptly, provide details about the incident, and ensure a proper accident report is filed; you should also keep records of your injury, treatment, and any communication with your employer regarding the incident.

Key steps to follow after a work-related injury:

Get medical treatment immediately:Even if the injury seems minor, seek medical attention to document the injury and receive necessary care.
Notify your supervisor:Inform your employer about the injury as soon as possible, detailing when, where, and how it happened.
File an incident report:Complete a written report with accurate information about the incident, including witnesses, events leading up to the injury, and the exact sequence of events.
Keep records:Maintain copies of all medical records, communication with your employer regarding the injury, and any documentation related to the incident.
Follow medical advice:Adhere to your doctor’s treatment plan and follow any restrictions regarding work duties.
Contact your workers’ compensation insurance provider:If your injury qualifies, initiate the workers’ compensation claims process by contacting your employer’s insurance provider.
Consider legal advice:If you have questions about your rights or the claims process, consult with an attorney specializing in workers’ compensation law.

Important points to remember:

Do not delay reporting the injury:Promptly reporting your injury is crucial to ensure timely treatment and proper documentation.
Be accurate and detailed:When reporting the injury, provide precise details about the incident and your injuries.
Cooperate with your employer and insurance provider:Follow their instructions and provide necessary information to facilitate the claims process. s.

How Do Workers’ Compensation Benefits Compare to Lawsuit Damages?

Workers’ compensation benefits are typically much lower than lawsuit damages in a personal injury case because workers’ comp generally only covers medical expenses and a portion of lost wages, while a lawsuit can also include compensation for pain and suffering, emotional distress, and other non-economic damages, resulting in a significantly higher potential payout; in exchange for limited benefits, workers’ comp provides a quicker and more guaranteed process without the need to prove employer negligence.

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

To file a work-related injury lawsuit, you typically need evidence like: a detailed accident report, medical records linking your injuries to the workplace incident, witness statements, employment records confirming your work status at the time of the injury, photographs of the accident scene and your injuries, and any relevant documentation regarding unsafe working conditions or employer negligence.

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

In a work-related injury lawsuit, potential damages can include medical expenses, lost wages, future lost earnings, pain and suffering, emotional distress, disability benefits, punitive damages (in certain cases), and other related costs associated with the injury, depending on the severity of the injury and the specific circumstances of the case.

Breakdown of potential damages:

Economic Damages (tangible costs):
- Medical expenses: Past and future costs of medical treatment, including doctor visits, surgery, physical therapy, medication, etc.
- Lost wages: Compensation for time missed from work due to the injury.
- Future lost earnings: Potential loss of income if the injury prevents future employment or limits earning capacity.
- Job retraining costs: Expenses for training in a new job if the original job is no longer possible due to the injury.
Non-Economic Damages (intangible losses):
- Pain and suffering: Compensation for physical pain and discomfort caused by the injury.
- Emotional distress: Damages for mental anguish, anxiety, or depression resulting from the injury.
- Disfigurement: Compensation for visible scarring or disfigurement caused by the injury.
- Loss of consortium: In some cases, compensation for the loss of companionship or support to a spouse or family member due to the injury.

Important factors to consider:

State laws:The specific types and limits of damages available in a work-related injury lawsuit will vary depending on the laws of the state where the injury occurred.
Workers’ compensation:Most states have workers’ compensation systems that provide benefits for work-related injuries, which may limit the ability to sue for additional damages in certain cases.
Comparative negligence:If the injured worker is partially at fault for the injury, their damages may be reduced accordingly.

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

Common defenses used in work-related injury cases include: employee intoxication, comparative negligence, contributory negligence, horseplay, misconduct, failure to mitigate damages, reckless behavior, deliberate harm, and arguing that the injury occurred outside the scope of employment or due to an “open and obvious” hazard. 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:

FAQs About Suing for Work-Related Injuries in California

Is it possible to sue my employer if they carry workers' compensation insurance?

In most cases, no, you cannot sue your employer for a work-related injury if they carry workers' compensation insurance, as workers' compensation is considered the exclusive remedy for most workplace injuries, meaning it is the only avenue to seek compensation from your employer for such incidents; however, there are limited exceptions, like if your employer intentionally harmed you or acted with gross negligence.

What if my employer does not have workers’ compensation insurance?

If your employer does not have workers' compensation insurance, and you get injured on the job, you can still file a claim with your state's Uninsured Employers Benefit Trust Fund (UEBTF), which means you can access benefits like medical coverage and wage loss payments, even though your employer is not insured; however, you may also need to pursue a civil lawsuit against your employer to recover additional damages depending on your state's laws.

How long do I have to file a lawsuit for a work-related injury?

In California, you generally have two years from the date of your work-related injury to file a lawsuit, as this is the standard statute of limitations for personal injury claims in the state; however, it's crucial to consult with an attorney to ensure you understand the specific details of your case and applicable deadlines.

Can I sue a third party for my work-related injury?

Yes, you can sue a third party for a work-related injury if someone other than your employer is responsible for causing your injury, even if you are receiving workers' compensation benefits; this is called a third-party claim and allows you to seek additional compensation from the negligent party beyond what your workers' comp covers.

What compensation can I receive in a work-related injury lawsuit?

In California, you may be eligible for workers' compensation or a personal injury lawsuit if you are injured on the job. The type of compensation you receive depends on the type of injury, your ability to work, and other factors.