If you’ve been injured at work, you may have heard that workers’ compensation is your only option. While that’s often true when it comes to suing your employer directly, there are important exceptions — and many injured workers leave significant money on the table by not exploring third-party claims.
At Employees First Labor Law (EFLL), we don’t just handle your workers’ comp case — we investigate every possible source of liability to maximize your recovery.
Here’s what you need to know.
🔹 When Workers’ Comp Is Your Only Remedy
In California, workers’ compensation is generally your exclusive remedy against your employer. This means:
- You can’t sue your employer in civil court, even if they were negligent.
- You’re limited to benefits like medical care, temporary and permanent disability, and vocational rehab.
- You can’t receive compensation for pain and suffering or punitive damages through workers’ comp.
But that doesn’t mean you can’t sue at all.
🔹 Exceptions: When You Can Sue Outside of Workers’ Comp
There are several situations where an injured worker can bring a lawsuit in addition to filing a workers’ comp claim:
✅ 1. Third-Party Liability
If someone other than your employer caused your injury — such as a contractor, property owner, driver, or manufacturer — you can file a civil lawsuit for:
- Pain and suffering
- Full wage loss
- Future medical care
- Punitive damages (in certain cases)
Example: A delivery driver is hit by another motorist while on the job. They’re covered by workers’ comp and have a personal injury case against the other driver.
✅ 2. Defective Machinery or Equipment
If you were injured by a dangerous or malfunctioning product, you may have a product liability claim against the manufacturer.
Example: A factory worker’s hand is crushed due to a faulty safety mechanism on a press machine. That worker can pursue workers’ comp and a lawsuit against the manufacturer.
✅ 3. Employer Misconduct (Labor Code § 4558 or § 132a)
In rare but serious cases, you may be able to sue your employer directly if they:
- Removed safety guards or deliberately created dangerous conditions (Labor Code § 4558)
- Retaliated against you for filing a workers’ comp claim (Labor Code § 132a — provides additional penalties)
🔹 Why Suing Outside of Workers’ Comp Matters
Workers’ comp benefits often don’t reflect the full impact of your injury — especially when it comes to:
- Emotional distress
- Permanent loss of function
- Career-ending injuries
- Loss of consortium for your spouse or family
By pursuing a civil claim in addition to workers’ comp, you can often recover six- or seven-figure settlements that would otherwise be impossible.
🔹 Why Choose Employees First Labor Law?
At EFLL, we are uniquely positioned to maximize your legal recovery because we bring:
✅ Dedicated teams for both workers’ compensation and civil litigation
✅ Extensive experience in third-party liability, product defect, and workplace injury lawsuits
✅ Access to top medical experts and life care planners to prove the full scope of damages
✅ No upfront fees — we only get paid if we win
We’ve helped injured workers across California recover millions of dollars in combined comp and civil claims. If there’s a legal path to more compensation, we’ll find it — and fight for it.
📞 Call EFLL now for a free consultation.
📩 Explore all your legal options — contact us here.
