Overview

Workers comp is just the beginning. Third-party claims against equipment manufacturers, property owners, and general contractors can recover full damages — pain and suffering, lost earning capacity, and punitive damages — that workers compensation never provides.

This guide is written for injured people, their families, and the lawyers who help them. It is not legal advice for any specific case. Call us, or any California lawyer you trust, before you make decisions that affect your claim.

Key takeaway
Injured workers in California can pursue third-party civil claims beyond workers comp for full damages. The Privette doctrine limits hirer liability but exceptions for retained control and concealed hazards create paths to recovery.

Workers Comp Exclusivity

Understanding workers comp exclusivity is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in workplace accidents cases.

Key takeaway
Workers comp is just the beginning. Third-party claims against equipment manufacturers, property owners, and general contractors can recover full damages — pain and suffering, lost earning capacity, and punitive damages — that workers compensation never provides.

Exceptions to Exclusivity

Understanding exceptions to exclusivity is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in workplace accidents cases.

Third-Party Claims

Understanding third-party claims is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in workplace accidents cases.

The Privette Doctrine

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Understanding the privette doctrine is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in workplace accidents cases.

Construction Site Injuries

Understanding construction site injuries is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in workplace accidents cases.

Toxic Exposure

Understanding toxic exposure is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in workplace accidents cases.

Discovery Strategies

Understanding discovery strategies is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in workplace accidents cases.

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Cross-References

Common Questions

Can I sue my employer for a workplace injury in California?

Generally no. Workers compensation is the exclusive remedy against your employer under Labor Code 3600. However, exceptions exist for employer assault, fraudulent concealment of hazards, and the dual capacity doctrine. More importantly, you can sue third parties like equipment manufacturers, property owners, and other contractors.

What is the Privette doctrine?

The Privette doctrine holds that a person who hires an independent contractor is generally not liable for injuries to the contractor's employees. However, the Hooker exception allows liability when the hirer retained control over safety and affirmatively contributed to the injury. The Kinsman exception applies when the hirer knew of a concealed hazard and failed to warn.

Can a Cal/OSHA violation help my case?

Yes. Cal/OSHA violations are strong evidence of negligence and may support a negligence per se theory. Obtain the Cal/OSHA investigation file through a Public Records Act request. Violations demonstrate that the defendant failed to meet established safety standards.

What about the workers comp lien on my third-party recovery?

When you recover from a third party, your workers compensation carrier has a lien against that recovery for benefits it has paid. This lien must be negotiated and resolved as part of any settlement. An experienced attorney can often reduce the lien significantly.

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Local Resources

  1. California Labor Code § 3600. Workers compensation exclusivity rule.
  2. Privette v. Superior Court (1993) 5 Cal.4th 689. Hirer generally not liable for injuries to contractor's employees.
  3. Hooker v. Department of Transportation (2002) 27 Cal.4th 198. Retained control exception to Privette — affirmative contribution required.
  4. Kinsman v. Unocal Corp. (2005) 37 Cal.4th 659. Concealed hazard exception to Privette doctrine.
  5. California Labor Code § 3602(b). Exceptions to workers comp exclusivity: assault, concealment, dual capacity.
  6. Title 8, California Code of Regulations. Cal/OSHA workplace safety standards.