Can I Sue My Employer For Workplace Injury?

You focus on the job one moment, and then, out of the blue, an accident happens. You may slip on a wet floor, get caught in faulty machinery, or fall hard on a broken step. At first, there’s shock, and then the pain begins to set in. As you try to process what just happened, uncertainty creeps in. “What now? Will I be able to work? How will I pay my bills?” Eventually, the biggest question arose: “Do I have the right to take legal action?”

Workers’ compensation laws generally prevent employees from filing lawsuits for workplace injuries. Under the “exclusive remedy” rule, this system ensures injured workers receive benefits — such as medical coverage and lost wages — regardless of fault while shielding businesses from most personal injury claims.

However, there are exceptions to this legal protection. If an employer intentionally causes harm, fails to provide legally required work injury coverage, or knowingly violates workplace safety laws, an injured worker may have grounds for a lawsuit. This blog dives into these exceptions to help you understand when you can sue your employer for a workplace injury.

Legal Rights For Injured Workers In California

Understanding your legal rights after a work injury is essential to securing the benefits and compensation the law entitles you to. Workers’ compensation aims to provide financial support to injured employees, covering medical expenses, lost wages, and rehabilitation costs.

Since workers’ compensation follows a “no-fault” system, employees don’t have to prove who was responsible for their injury to receive benefits. Instead, coverage typically comes from an employer’s workplace accident insurance.

In most states, these laws grant businesses immunity from lawsuits, preventing injured workers from taking legal action if they already receive benefits. This system provides immediate financial support while minimizing litigation.

However, does this mean you can never sue? Not necessarily. Some exceptions may allow an injured worker to pursue legal action beyond workers’ compensation. If an employer deliberately caused harm or failed to carry required workers’ compensation insurance, an employee may have grounds for a lawsuit. Additionally, if a third party, such as a negligent contractor, property owner, or equipment manufacturer, contributed to the injury, the worker may be able to file a personal injury claim.

California Workplace Injury Rights And Protections

California law provides employees with several legal protections when they sustain work injuries. Violating these rights makes the employer liable for any harm to the worker and may result in penalties for breaking labor laws.

Every employee has the right to work in a safe and hazard-free environment. Businesses must take necessary steps to identify and eliminate workplace dangers, properly maintain equipment, and provide protective gear when required. If you believe your workplace is unsafe, you can file a complaint with the California Occupational Safety and Health Administration (Cal/OSHA) without fear of retaliation.

Employees in California are eligible for workers’ compensation benefits if they suffer a work-related injury or illness, regardless of fault. After an injury, you must seek medical attention, typically from a doctor within your workplace’s medical provider network (MPN), unless you predesignated your physician before the injury. Under California’s Workers’ Compensation Act, other instances you can see your physician are:

• More than 30 days have passed since your injury.
• Your employer grants permission.
• Your injury or illness requires urgent medical attention.
• Your company denies you medical care.

When Can You Pursue Legal Action Against Your Employer?

While workers’ compensation typically covers job-related injuries, there are exceptions where an employee may have grounds to sue in addition to receiving benefits. In some instances, injured workers may be able to pursue legal action against their employer.

These exceptions include:

Consult a workers’ compensation or personal injury attorney to determine the best course of action based on the specifics of the injury. Read on for a more in-depth discussion of these exceptions.

Fraudulent Concealment That Made Your Injury Worse

Businesses have a legal duty to maintain a safe workplace and inform employees of known hazards. However, some deliberately withhold information about workplace dangers, leading to more severe injuries. When this intentional concealment directly worsens a worker’s condition, the fraudulent concealment exception allows a lawsuit for damages beyond workers’ compensation benefits.

What Qualifies As Fraudulent Concealment?

An employee can sue under the fraudulent concealment exception only if they can prove the following:

• The company failed to inform them about a developing health condition caused by workplace exposure.
• The company knowingly attributed their illness to other factors despite knowing of a workplace hazard.
• Misled about the dangers, the employee continued working in hazardous conditions, causing their condition to worsen.

For instance, if a business is aware of asbestos exposure but fails to warn employees, a worker may unknowingly inhale toxic fibers and later develop a serious respiratory condition. If their health deteriorates due to this concealment, they may have grounds to sue for damages beyond standard workers’ compensation benefits.

Proving The Employer Intended To Conceal The Hazard

To prove fraudulent concealment, an employee must show that the business deliberately kept workplace hazards secret. Examples of evidence include:

• Company records or internal reports that confirm their knowledge of the safety risk.
• Statements from co-workers confirming that they were also unaware of the hazard.
• Medical reports linking the injury or illness to workplace conditions.
• Emails or written communications that show management intentionally misled employees about a safety concern.

If your injury worsened due to concealed workplace dangers, speak with an experienced workers’ compensation attorney. They can evaluate your case and help you pursue the full compensation you deserve.

Intentional Physical Assault By An Employer Or Ratification Of Assault

Workplaces should be safe and respectful, but sometimes, an employer may intentionally cause harm or allow it to happen to employees. Since this act falls outside normal workplace risks, victims may pursue additional compensation through a personal injury case.

A worker may have grounds for legal action if they experience:

• Physical assault while on the job.
• Workplace violence that was knowingly ignored or approved.
• Exposure to extreme hazards, such as:
  • The release of harmful chemicals without proper ventilation or protective equipment.
  • Removal of safety features from machinery, leading to severe injuries.
  • Intentional exposure to known carcinogens (e.g., asbestos or benzene) without warnings or protective gear.

Injured employees may pursue damages through a personal injury claim for pain and suffering, emotional distress, and even punitive damages.

Power Press Machine Safety Violations

Government data shows that machines are a major cause of amputations at work. About three-fifths of all amputations on the job happen because a worker’s finger or arm gets caught or crushed in a machine, like a power press or a conveyor belt. Further data shows 49% of all injuries from power presses are amputations.

Companies have a legal duty to follow safety regulations when using power press machines. These machines, which use a die to press, punch, stamp, or shape materials, can cause serious injuries if proper safeguards are not in place. Under the general provisions of Workers’ Comp and Insurance, employees may sue if their injury resulted from the removal of or failure to install a manufacturer-required safety guard.

Some manufacturers modify power press machines by removing safety guards or failing to install them to increase productivity. However, this puts workers at risk of catastrophic injuries, such as:

• Crushed or amputated hands and fingers.
• Nerve damage and permanent disability.
• Severe lacerations and fractures.

Removal or failure to install these precautions makes the company liable for worker injuries. For liability to apply, there must be clear evidence that the business was aware of and ignored the safety requirement.

Key evidence to prove liability includes:

• Manufacturer’s manual detailing required safety features.
• Product instructions and warnings about guard removal.
• Warning labels indicating the necessity of safety measures.

If you or a loved one suffered injuries from missing safety guards on a power press, you can pursue a personal injury claim against your employer on top of WC benefits.

Failing To Provide Workers’ Compensation Insurance

California law requires all businesses to carry workers’ compensation insurance to cover medical expenses and lost wages for injured employees. Companies can meet this obligation by purchasing a policy from an authorized insurer or obtaining a certificate of consent to self-insure from the state. However, if a business fails to secure coverage, an injured worker has the following options to recover costs:

1. File a civil lawsuit. This step allows you to seek compensation for medical bills, lost wages, pain and suffering, and other damages.
2. Request benefits from the Uninsured Employers Benefits Trust Fund (UEBTF). This is a California-specific fund that provides workers’ compensation benefits to employees who are injured while working for an illegally uninsured employer. They have a guide for filing a claim to seek benefits on their website, and here are the things you need to submit:
   1. Proof of employment, such as a W-2 or pay stubs.
   2. Medical records documenting your work injury.
   3. Medical bills related to your treatment.
   4. A Special Notice of Lawsuit to notify your employer.
   5. A Petition to Join Party Defendant UEBTF.

However, if you receive benefits from the UEBTF, you’ve used the workers’ compensation system, and its exclusivity provisions generally bind you. You cannot then pursue a separate personal injury lawsuit for the same injury.

You generally have two years from the date of the injury to file a lawsuit. Seek help from personal injury attorneys to secure the highest possible restitution you deserve.

Benefits Of Filing A Personal Injury Claim For A Work-Related Injury

California laws provide essential protections for injured employees, covering medical expenses and partial wage replacement. However, in certain situations, workers can pursue compensation for their damages in a personal injury case.

Unlike workers’ compensation, which limits the benefits available, a personal injury lawsuit may provide broader coverage, including:

• Full reimbursement for past and future income loss.
• Recompense for non-economic damages like pain and suffering, emotional distress, and loss of quality of life.
• Punitive damages in cases of extreme misconduct by the defendant to punish wrongdoing and deter future violations.

Our personal injury lawyers have successfully recovered over half a billion dollars for injured clients. We’re ready to fight for you, too. Fill out our “Do I Have A Case?” form, and let our attorneys assess if you have a valid workers’ comp claim, a personal injury claim, or both.

Other Options For Recovering Compensation After A Work-Related Injury

Injured employees may have other legal avenues to seek financial recovery, depending on their situation. These options include third-party lawsuits and federal programs designed for certain workers.

Filing A Lawsuit Against A Third Party

You may file a third-party lawsuit if someone other than your employer contributed to your workplace injury. You must inform the company if you intend to pursue this action.

Potentially liable parties include:

• Product Manufacturers — If a defective machine, tool, or equipment caused your injury, you can hold the manufacturer responsible under product liability laws.
• Contractors And Subcontractors — A contractor or subcontractor maintains safe conditions on multi-employer job sites. They may be liable if their negligence led to your injury (such as failing to follow safety regulations or providing inadequate training).
• Negligent Drivers — If you were injured in a work-related vehicle accident caused by another driver’s recklessness, you may file a lawsuit against the driver or their insurance company.

Federal Programs For Maritime Workers

The Jones Act protects the rights of maritime workers injured while working on navigable waters. It allows them to sue their employer for negligence and seek damages for medical costs, lost wages, and pain and suffering.

The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides an alternative form of coverage for maritime workers who do not qualify as seamen under the Jones Act. The LHWC program benefits injured dock workers, harbor employees, and others who work on or near navigable waters. It covers medical treatment, disability benefits, and rehabilitation costs.

Frequently Asked Questions About Pursuing Legal Actions Against An Employer

Below are the most common questions Arash Law attorneys receive about suing the workplace for injuries sustained while on the job. For personalized guidance tailored to your situation, contact our legal team at (888) 488-1391 for a free consultation.

What If I Sustain An Injury Outside Of Work?

In most cases, work injury benefits do not cover injuries that happen off the clock or outside the workplace, and you typically cannot sue your employer except in the following situations:

• You sustained the injury while running a work-related errand.
• An accident due to a poorly maintained company vehicle caused your injury.
• You incurred injuries in a traffic accident or another incident while on a business or work-related trip.
• The injury occurred during a required company function, such as a retreat, conference, or corporate gathering.

Even if your injury occurred outside the workplace, you may still be eligible for compensation for emotional distress, pain, and suffering. If you’re unsure about your legal options, Michelle Rapoport, the head of the Employment Law Department at Arash Law, has extensive experience in workplace injury cases and can help you navigate the legal process.

How Can An Attorney Help With My Workplace Injury Case?

At Arash Law, our experienced personal injury lawyers are here to guide you through every step of your case. We will:

• Manage your case from start to finish, handling all legal paperwork and negotiations.
• Conduct a thorough investigation and gather evidence to strengthen your claim.
• Fight for your best interests to ensure you receive the maximum compensation available.

Our workplace injury attorneys offer free case evaluations and operate on a contingency fee basis. You pay nothing unless we win your case. Let us handle the legal matters so you can focus on your recovery.

Does A Delayed Injury Discovery Affect Your Workers’ Compensation Benefits?

A delayed injury discovery does not automatically disqualify you from receiving workers’ compensation benefits. You are still eligible for benefits if your injury develops over time, such as tendinitis, hearing loss, or repetitive strain injuries.

Here’s what you should do:

• Report the injury as soon as you become aware that it is work-related.
• Do not delay, as waiting too long can cause delays in medical treatment and complications in receiving benefits.
• File a report within 30 days of discovering your injury or its connection to your job. Failing to do so could result in losing your right to benefits.

Timely reporting ensures access to medical care and financial benefits without unnecessary complications.

Can You Sue A Third Party For A Work-Related Injury?

You can file a third-party claim to seek additional compensation on top of workplace injury insurance against the following:

• Manufacturers of defective equipment that caused or contributed to your injury.
• Negligent drivers if you sustain an injury in a work-related vehicle accident.
• Property owners who failed to address hazardous conditions that led to your accident.
• Contractors or subcontractors whose negligence created an unsafe work environment.

Need A Workplace Injury Lawyer? Contact Arash Law Today!

Arash Law is one of California’s most prominent personal injury law firms, with a proven track record of victories in securing maximum compensation for injured workers. Our relentless and battle-tested attorneys understand the overwhelming challenges of workplace injury, and we are ready to fight for you.

Whether you’re facing denied workers’ compensation, employer negligence, or a complex third-party liability case, our firm will stand beside you, aggressively pursuing the justice and financial recovery you deserve. Just as our car accident lawyers relentlessly fight for victims of reckless drivers, our injury attorneys are committed to holding those responsible for workplace harm accountable.

Our elite workplace injury lawyers are fierce advocates for your rights, dedicated to your recovery, and committed to securing your future. With decades of combined legal excellence, we have won hundreds of millions for injured workers across California. If you’re thinking, “I need a personal injury lawyer,” now is the time to act. Call us today at (888) 488-1391 or fill out our contact form for a free, no-obligation consultation. You may also visit one of our offices in Los Angeles, San Francisco, Sacramento, Sherman Oaks, San Jose, San Diego, Riverside, or Pasadena.