Can you sue a property owner after a work injury?

It depends on who owns the property. If you got hurt on your own employer's property while doing your job, workers' compensation is almost always your only path against your employer. Labor Code Section 3600 and the "exclusive remedy" rule in Labor Code Section 3602 generally bar employees from suing their employer for a workplace injury, even if the employer was careless.

But many injuries happen on property owned by someone other than your employer. Think of a delivery driver hurt by a broken staircase at a client's warehouse, a contractor injured by a defective railing at a building owned by a third party, or a retail worker hurt by a hazard the landlord failed to fix. In these situations, you may have two separate claims: a workers' comp claim against your employer, and a civil negligence lawsuit against the property owner. One does not cancel out the other. Each has its own rules, and you can often pursue both at the same time.

This article is general information about California workers' compensation, not legal advice about your situation. Every case is different.

Yazdchi Law, P.C. — Eman Yazdchi, responsible attorney. Office: Palmdale, California. Attorney advertising.