Usually, no, you can’t. There’s a reason for that. California’s workers’ compensation system runs on a trade-off: you get medical care and wage benefits no matter who was at fault. In exchange, you generally give up the right to sue your employer in civil court. That’s called the “exclusive remedy,” and it covers the vast majority of work injuries. However, “usually” isn’t “always.”
A handful of exceptions let you go after your employer directly. Additionally, a separate path lets you sue people who aren’t your employer at all. Knowing which situation you’re in can dramatically change what your case is worth.
The General Rule: Workers’ Comp Is the “Exclusive Remedy”
For an on-the-job injury, workers’ compensation is the only claim you have against your employer. You can’t sue them for negligence, nor can you ask a jury for pain-and-suffering damages the way you could in a car-crash lawsuit.
However, in return, you don’t have to prove your employer did anything wrong. You receive benefits just because you were hurt at work, period. It’s a bargain that’s been in place for a century. For a large majority of injured workers, it’s exactly how their case will proceed.
Why the Trade-Off Exists
This may sound like it only helps employers, but it can help both parties. Before workers’ comp, an injured worker had to sue and prove their employer was at fault. As you might imagine, that process was slow, expensive, and it was very hard for the worker to win.
Workers’ comp replaced that with a faster, no-fault system that pays workers even when nobody is careless.
The Exceptions: When You Can Sue Your Employer
As you can imagine, these exceptions are limited, and they don’t fit most cases. But when one applies to your case, it can open the door to compensation well beyond ordinary comp benefits.
Your employer had no workers’ compensation insurance
Employers are required to carry workers’ comp. If yours illegally failed to carry workers’ comp, you can pursue a civil lawsuit against the employer. Plus, you can seek benefits through a state safety net for uninsured employers. Being illegally uninsured is one of the clearest ways an employer loses the protection of the exclusive workers’ compensation remedy.
Serious and willful misconduct
If your injury was caused by your employer’s serious and willful misconduct, California law allows your workers’ comp award to be increased by half. This isn’t a separate civil lawsuit, but it’s a significant penalty aimed at employers who knowingly created a dangerous situation. For example, a psychiatric injury stemming from an assault an employer condoned would fall outside the usual comp-only limits.
Fraudulent concealment of your injury
If your employer knew you were injured or made ill by your work and deliberately hid that fact from you, aggravating the harm, you may be able to sue. This exception targets employers who conceal a known danger rather than address it.
The power press exception
California singles out one specific machine hazard: if your employer removed or failed to install a required point-of-operation guard on a power press and that caused your injury. If that happened to you, you can sue in civil court. This exception was designed for something like an orthopedic injury such as a crushed or amputated hand from an unguarded press.
Dual capacity
If the company injured you while acting in a capacity separate from being your employer, for example, as the manufacturer of a defective product you later used off the job, you may have a claim against that other role. This is a narrow doctrine, and it does not occur all that often. However, this exists for a reason, and it may apply to your case.
The Bigger Opportunity: Suing a Third Party
Even when you can’t sue your employer, you can often sue someone else whose negligence hurt you. That’s a full civil claim with damages comp doesn’t offer.
For example, a driver hurt on the job by another motorist can pursue that motorist directly. By that same token, a worker injured by a dangerous condition on someone else’s property has a claim against that property owner.
Another example: if you’re hurt by a defective machine, you may have a case against its manufacturer.
These third-party claims run alongside your comp case. You can learn more about them in our guide on when you can sue someone besides your employer.
Something to keep in mind: if you receive compensation from a third party, your employer’s insurer may be entitled to be repaid for the benefits it paid out. This is one more reason to have the right lawyers on your side, as coordinating the two cases carefully is part of protecting what you actually keep.
Comp vs. a Lawsuit: What’s Actually Different
At the risk of putting it too simply, they’re different because they pay for different things.
Workers’ comp covers medical treatment and a portion of lost wages, but it does not pay for pain and suffering or the full value of a diminished life. A civil lawsuit can.
That’s what’s really at stake here: it’s not just whether you can sue, but whether the harm you suffered is the kind that workers’ comp alone will never fully address.
This is also why a serious injury deserves a careful look from a legal professional at every possible defendant, instead of just a hastily filed workers’ comp claim.
How This Looks Across Different Injuries
Your path forward depends on the facts of your case. A traumatic brain injury caused by a subcontractor’s negligence on a job site can support a third-party claim even though comp handles the employer side.
A healthcare worker assaulted by a non-employee, or hurt by defective equipment, may likewise have a case against someone other than the hospital.
It’s important to look past the employer and to do so with clear eyes. After all, the most valuable claim in a serious injury is often against a third party you didn’t initially think about.
Frequently Asked Questions
Can I sue my employer for a work injury in California?
Usually not. Workers’ compensation is the exclusive remedy for most work injuries. That means you get benefits without having to prove fault instead of the right to sue. Narrow exceptions apply, such as an uninsured employer or a power-press injury.
What is the “exclusive remedy” rule?
It means workers’ comp is your only claim against your employer for a job injury. You receive benefits regardless of fault, but you give up the possibility of filing a civil lawsuit against the employer in return.
Can I still get pain-and-suffering damages?
Not through workers’ comp, which doesn’t pay for pain and suffering. You may be able to recover those damages in a civil lawsuit against a liable third party.
What if my employer didn’t have workers’ comp insurance?
Then you’re not limited to the workers’ comp system. You can pursue a civil case against the employer and seek benefits through the state fund that covers illegally uninsured employers.
Who counts as a “third party” I can sue?
Anyone other than your employer whose negligence contributed to your injury. Examples include a negligent driver, a property owner, or the manufacturer of a defective product, and so forth.
A Note From ODG Law Group
This article is general information about California workers’ compensation. It is not legal advice. Reading it doesn’t create an attorney-client relationship. Every claim is different, and outcomes depend on the specific facts of your case. Here at the ODG Law Group, we don’t guarantee any particular result for any case.
If you’re wondering whether your injury involves a claim beyond workers’ comp, ODG Law Group offers free, confidential consultations in English, Spanish, and Armenian. Attorney advertising.
Last reviewed: August 2026.
