If you were hurt on the job in Los Angeles, your first instinct might be to ask whether you can sue your employer. The answer depends on how your injury happened and what kind of workplace situation you were in — and it is more nuanced than a simple yes or no.
California has a workers' compensation system that covers most on-the-job injuries, but there are real situations where a lawsuit against your employer or another party is possible. Understanding the difference can affect how much money you ultimately recover and what legal steps make sense for you.
This article explains how the rules generally work under California law, what exceptions exist, and how a local personal injury attorney can help you figure out your options.
How Does Workers' Compensation Affect My Right to Sue in Los Angeles?
Workers' compensation is generally the exclusive remedy against your employer when you suffer a workplace injury in California. That means, in most cases, you file a workers' comp claim rather than a personal injury lawsuit directly against your employer. Workers' comp typically covers medical bills and a portion of lost wages without requiring you to prove your employer was at fault.
The trade-off is that workers' comp limits what you can collect. You generally cannot recover for pain and suffering through a workers' comp claim the way you might through a civil lawsuit.
An attorney can review your specific situation and confirm which path — or combination of paths — applies to your case.
Are There Exceptions That Let Me Sue My Employer Directly?
Yes — California law recognizes several exceptions where you may be able to file a civil lawsuit against your employer in addition to or instead of a workers' comp claim. These situations are less common but do happen.
Three exceptions that often come up include:
- Intentional harm: If your employer intentionally caused your injury — not just acted carelessly — a civil lawsuit may be an option.
- Employer without workers' comp insurance: If your employer is illegally uninsured, California law gives you the right to sue them directly in civil court.
- Power press injuries: A specific California statute allows lawsuits when an employer removes or fails to install required safety guards on power press machines.
These exceptions are narrow, but they can open the door to damages — including pain and suffering — that workers' comp does not cover.
Can I Sue a Third Party for My Workplace Injury?
In many workplace injury cases, a third-party lawsuit is the most important legal option available. Even when you cannot sue your employer directly, someone else may share responsibility for what happened to you.
Common third parties in Los Angeles workplace injury cases include:
- Equipment or machinery manufacturers, if a defective product caused the injury
- Contractors or subcontractors working at the same job site
- Property owners where the work was being performed
- Drivers who caused a vehicle accident while you were working
A third-party claim lets you pursue compensation for pain and suffering, full lost wages, and other damages that workers' comp does not pay. In many cases, workers pursue both a workers' comp claim and a third-party lawsuit at the same time.
What Kind of Compensation Could Be Available?
The compensation available to you depends on which legal route applies to your situation. Workers' comp and a civil lawsuit cover different categories of loss.
Workers' compensation benefits often include:
- Medical treatment costs related to the injury
- Temporary or permanent disability payments
- Job displacement or retraining benefits in some cases
A civil lawsuit — whether against a third party or your employer under an exception — may allow you to recover for pain and suffering, the full value of lost income, and other losses not covered by workers' comp. An attorney can give you a clearer picture of what might apply in your case.
How Long Do I Have to File a Claim in Los Angeles?
Time limits are strict, and missing them can bar your right to recover anything. Under California law, workers' comp claims generally must be filed within one year of the date of injury. Personal injury lawsuits — including third-party claims — typically must be filed within two years of the date of injury.
These deadlines can shift depending on specific facts, such as when you discovered the injury or whether a government entity is involved. If a public employer or government contractor played a role, special notice requirements may apply and the window can be much shorter.
Do not assume you have time to wait. Speaking with a Los Angeles personal injury attorney as soon as possible after an injury protects your options.
What Should I Do Right After a Workplace Injury in Los Angeles?
The steps you take in the days following a workplace injury can significantly affect your case. California law has specific requirements, and early mistakes are hard to undo.
Four things to do as soon as possible include:
- Report the injury to your employer in writing and keep a copy for yourself.
- Get medical treatment and follow your doctor's instructions carefully.
- Document everything — photographs of the scene, witness names, and records of your symptoms.
- Speak with a personal injury attorney before giving recorded statements to any insurance company.
Insurance adjusters — whether working for your employer or a third party — are not on your side. An attorney can handle communications on your behalf.
Frequently Asked Questions About Suing an Employer in Los Angeles
The questions below cover common concerns people in Los Angeles have when they are trying to figure out their rights after a workplace injury.
Can I be fired for filing a workers' comp claim in California?
No — it is illegal under California law for an employer to fire or retaliate against you for filing a workers' comp claim. If that happens, you may have a separate wrongful termination claim.
What if my injury was partly my own fault?
Workers' comp generally pays regardless of fault. In a civil lawsuit, California's comparative fault rules may reduce your recovery based on your share of responsibility, but you can often still recover something.
Can undocumented workers file a workplace injury claim in Los Angeles?
Yes — California's workers' compensation system covers workers regardless of immigration status. Immigration status does not disqualify someone from filing a claim for a job-related injury.
Do I need a lawyer to file a workers' comp claim?
You are not required to have one, but having an attorney often results in stronger outcomes, especially if your claim is disputed, your injury is serious, or a third-party lawsuit is also possible.
If you were injured at work in Los Angeles and want to understand your options, FindCounselNow can connect you with a local personal injury attorney for a free case review — at no cost and no obligation to you.