Posted in Business Litigation, Employment Law
Revised by Tony Liu, Founder and Principal Business Trial Attorney
In Summary:
While workers’ compensation typically covers workplace injuries, there are specific situations where an injured employee may file a civil lawsuit instead, potentially recovering significantly more. These exceptions include cases involving third-party negligence, employer misconduct, defective products, or intentional harm. Knowing when and how to go beyond a workers’ comp claim can protect your legal rights and maximize your recovery. This article breaks down the lesser-known paths to justice and compensation.
Why Workers’ Comp Isn’t Always the Final Answer
Workers’ compensation is often seen as the sole remedy for on-the-job injuries, but that’s not always the case. While it’s designed to quickly provide medical care and lost wages, it doesn’t always account for the full impact of a serious injury. What if someone outside your employer caused the injury? Or worse, what if your employer intentionally endangered you?
In California, the law allows injured workers to “go beyond” a workers’ comp claim in certain rare but powerful exceptions. These opportunities could be life-changing, yet most employees and even some attorneys overlook them.
At Focus Law LA, we help Southern California business owners and professionals understand both their rights and their risks. If you’re an employer, you need to know when you might face more than just a workers’ comp claim. And if you’re an employee who’s been hurt, you deserve to know if you can recover more than basic benefits.
Let’s unpack the exceptions.
What Is a Workers’ Compensation Claim?
Workers’ compensation is a no-fault insurance system designed to cover medical bills and lost wages for employees injured on the job. In exchange for this coverage, employees generally give up the right to sue their employers — but this tradeoff has limits.
Benefits Typically Include:
- Medical care for the injury
- Temporary or permanent disability payments
- Vocational rehabilitation
- Death benefits to dependents
For a more detailed guide, you can refer to the Workers’ Compensation in California: A Guidebook for Injured Workers
However, the system is limited, it does not allow recovery for pain and suffering or punitive damages. That’s where civil lawsuits come in.
When Can an Employee Sue Outside Workers’ Compensation?
1. Third-Party Negligence
If someone other than your employer caused your injury, you may have a personal injury claim against them.
Example: A delivery driver injured in a car crash caused by a negligent driver can sue the at-fault driver.
2. Employer’s Intentional Misconduct or Fraud
Workers’ comp does not protect employers who engage in willful physical assault or fraud.
Example: If your employer knowingly removes safety protections from machinery, causing your injury, you could sue them for intentional misconduct.
3. Lack of Workers’ Comp Insurance
If your employer is illegally uninsured, you may file a civil lawsuit to recover medical costs and damages.
California Labor Code § 3706 allows employees to seek personal injury damages in this situation.
4. Toxic Torts and Defective Products
Exposure to dangerous chemicals or defective equipment can also open the door to a third-party claim.
Example: If a faulty machine made by a manufacturer causes the injury, the manufacturer, not your employer, may be liable.
Why This Matters: Real Compensation for Real Harm
Let’s say your injury results in chronic pain, emotional trauma, or a permanent disability. Workers’ comp doesn’t account for these damages. But a personal injury or product liability claim might, and in significantly larger sums.
If you’re an employee:
- You may be entitled to pain and suffering, loss of consortium, and punitive damages.
- You’re not limited to the restricted benefit schedule of workers’ comp.
If you’re an employer:
- You face far more exposure if you’re uninsured or engage in willful misconduct.
Understanding these risks allows you to avoid costly litigation and reputation damage.
Frequently Asked Questions (FAQ)
1. What is considered “going beyond” a workers’ comp claim?
It means filing a civil lawsuit against another party, including your employer or a third party, instead of or in addition to receiving workers’ comp benefits.
2. Can I sue my employer if I was assaulted at work?
Yes, intentional acts like assault by an employer or manager may bypass workers’ comp immunity.
3. What if my injury was caused by defective equipment?
You may have a claim against the manufacturer or seller under product liability law.
4. Can I sue if my employer doesn’t carry workers’ compensation insurance?
Absolutely. In California, employers without workers’ comp coverage can be sued directly for workplace injuries.
5. Will I lose my workers’ comp benefits if I sue?
No. If you sue a third party, you may still receive workers’ comp benefits, but you may have to reimburse the insurer from your civil settlement.
Don’t Leave Compensation on the Table
Workplace injuries are disruptive enough, but settling for workers’ comp alone could leave you financially and emotionally shortchanged. If a third party, defective product, or employer misconduct played a role in your injury, you may have more legal options than you realize.
At Focus Law LA, we don’t just handle cases, we protect legacies. Whether you’re an injured employee seeking justice or an employer trying to stay compliant, understanding these exceptions could make or break your future.
Schedule a consultation. We’ll help you determine whether a civil lawsuit is possible, and if so, how to pursue it with strength.
