Usually you cannot sue your employer for a work injury in California — workers' compensation is the exclusive remedy under Labor Code § 3600. But narrow exceptions exist, and in those situations a direct claim against the employer may be possible.
The exclusive-remedy rule
In exchange for no-fault benefits, workers generally give up the right to sue their employer in civil court. This trade-off is the foundation of the comp system, and courts apply it broadly.
Recognized exceptions
California recognizes limited exceptions where a civil claim against an employer may proceed. These are narrow and fact-specific, such as certain physical assaults, fraudulent concealment of a known injury, defective products the employer also makes for sale, and situations where the employer carries no comp insurance.
| Possible exception | General idea |
|---|---|
| Uninsured employer | Employer illegally carried no comp insurance |
| Fraudulent concealment | Employer concealed a known injury, worsening it |
| Dual capacity / defective product | Employer also acted as a product maker to the public |
| Certain intentional conduct | Narrow categories such as a physical assault |
The exceptions are real but narrow — most roads back to the employer are closed by design.
The more common path: a third party
Because employer exceptions are limited, the more frequent route to full damages is a third-party claim against a non-employer. A free consultation can tell you which path, if any, fits your workplace injury.
Frequently Asked Questions
Can I sue my employer for a work injury in California?
What are the exceptions to the exclusive-remedy rule?
What if my employer had no workers' comp insurance?
Does an intentional assault count?
Is suing the employer the usual route to full damages?
Can I lose my job for filing a claim?
How do I know which exception applies?
What is the deadline?
Have a question about your situation?
Our California personal injury attorneys offer free, confidential consultations.
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