Why can't I sue my employer for the defective equipment?

California's workers' compensation system is a trade off. Under Labor Code section 3600, if you are injured on the job, you get medical care and wage replacement benefits through your employer's workers' comp insurance, regardless of who was at fault. In exchange, Labor Code section 3602 generally bars you from suing your employer in civil court for that same injury, even if the employer gave you broken or unsafe equipment to use.

There are narrow exceptions, such as when an employer's conduct rises to the level of a deliberate, intentional harm, or in limited "power press" exceptions under Labor Code section 4558 involving certain unsafe machinery with removed safety guards. These exceptions are hard to prove and fact specific. For almost everyone else, the workers' comp claim against your employer is the only path for the employer side of the injury.

Who else might be responsible?

This is where a third party lawsuit can come in. If the equipment itself was defective, poorly designed, or not properly maintained by someone other than your employer, you may have a separate civil claim. Possible defendants include:

  • The manufacturer of the machine or tool
  • A company that designed or sold a defective part
  • A repair or maintenance company that serviced the equipment negligently
  • A rental company that leased unsafe equipment to your employer
  • A contractor on a multi-employer job site who created the hazard

These are called third party claims because they are against someone other than your employer or coworker. They are based on product liability or general negligence law, not workers' comp law, and they are filed in civil court, not with the Workers' Compensation Appeals Board (WCAB).

Can I file both a workers' comp claim and a lawsuit?

Yes, often you can and should pursue both. The workers' comp claim covers your medical treatment and a portion of lost wages no matter who caused the defect. The civil claim against the manufacturer or maintenance company can potentially cover additional damages workers' comp does not pay, such as full lost wages, pain and suffering, and loss of enjoyment of life.

If you recover money in the civil case, your workers' comp insurer may have a lien on part of that recovery to recoup benefits it already paid, under Labor Code section 3852 and related sections. This does not mean you lose your civil case; it means the insurer gets reimbursed first before you keep the rest. An attorney handling both pieces can coordinate this so you understand the numbers before any settlement.

What are the deadlines I need to know?

For the workers' comp side, you must report the injury to your employer within 30 days (Labor Code section 5400) and the employer must give you a DWC-1 claim form. You generally have one year from the date of injury to file an Application for Adjudication of Claim with the WCAB if the claim is disputed (Labor Code section 5405).

For a civil third party claim based on a product defect or negligence, California's general personal injury statute of limitations is two years from the date of injury under Code of Civil Procedure section 335.1 [VERIFY]. These two clocks run separately, so missing one deadline does not necessarily affect the other, but you do not want to let either one slip.

When should you talk to a workers' comp lawyer?

Talk to a lawyer as soon as you suspect defective equipment played a role, especially if the injury is serious or the equipment was owned, made, or maintained by someone other than your direct employer. Figuring out who counts as a true third party versus who is protected by the workers' comp exclusivity rule takes a careful look at the facts, the contract relationships at the job site, and how the equipment failed.

A lawyer can also help you preserve evidence early. Broken parts, machine logs, and maintenance records can disappear or get repaired once an employer realizes a lawsuit might follow. Waiting even a few weeks can mean losing proof you need for the civil claim.

Get help sorting out your claim

You do not have to figure out on your own which parts of your injury belong in workers' comp and which might support a separate lawsuit. Yazdchi Law, P.C. offers a free, no obligation case evaluation to help you understand your options under California law. Request your free case evaluation and get clear answers about your next steps.

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.