Exceptions to Workers’ Comp Exclusivity: Legal Options After a Workplace Injury

When you’re injured on the job, workers’ compensation is often the first, and sometimes only, remedy offered. But what if your injury was caused by employer intentional acts or another party’s reckless conduct? Are you limited to workers’ comp, or do you have other legal options?

While California’s workers’ compensation system generally prevents employees from suing their employers for workplace injuries, there are key exceptions to the workers’ compensation exclusivity rule. These exceptions may open the door to filing a personal injury lawsuit and pursuing broader compensation than what workers' comp typically provides.

Exceptions to the Workers’ Compensation Exclusivity Rule

Workers’ compensation is considered an “exclusive remedy” in most workplace injury cases, but there are important exceptions that allow you to pursue additional claims:

1. Employer’s Intentional Misconduct or Serious and Willful Misconduct

If your employer intentionally caused harm or acted with “serious and willful misconduct,” you may have grounds to file a civil lawsuit in addition to a workers’ comp claim. For example, if an employer deliberately removed safety protections from machinery or ignored known safety hazards, it could rise to this level.

2. Dual Capacity Doctrine

If your employer served in a second role beyond being your employer, such as a product manufacturer, and that role contributed to your injury, you may be able to sue them in that capacity. For example, if your employer designed or manufactured faulty equipment used on the job, you might have a product liability claim.

3. Fraudulent Concealment

If your employer concealed the existence of a work-related injury or exposure to harmful substances, and that concealment caused your condition to worsen, you may have the right to sue for damages beyond workers’ comp.

4. Lack of Workers’ Compensation Insurance

If your employer does not carry the legally required workers’ compensation insurance, you can pursue a personal injury lawsuit directly. In this situation, the employer loses their protection under the exclusivity rule.

5. Third-Party Liability

Many workplace injuries involve third parties, such as subcontractors, vendors, or equipment manufacturers, whose negligence may have contributed to the incident. Workers’ comp laws do not restrict these third-party claims and can be filed alongside your compensation claim.

What Compensation Is Available Outside of Workers’ Comp?

While workers’ comp covers medical expenses and a portion of lost wages, civil lawsuits may offer more comprehensive compensation, including:

Full loss of income and diminished earning capacity
Pain and suffering
Emotional distress
Loss of enjoyment of life
Punitive damages

Why Legal Guidance Matters in Workplace Injury Cases

Determining whether your case qualifies for an exception to the exclusivity rule requires legal experience and a thorough investigation. A skilled attorney can:

Identify all liable parties and evaluate whether an exception applies
Investigate the cause of your injury, including employer behavior and third-party involvement.
Navigate both workers’ comp and civil claims simultaneously, if appropriate.
Advocate for full compensation, including negotiation or litigation if necessary.

Talk to a Workplace Injury Lawyer at Greene Broillet & Wheeler

If you’ve been injured at work and believe your case involves misconduct, third-party liability, or any other exception to the workers’ compensation system, don’t assume workers’ comp is your only path. You may have more options and more at stake than you realize.

At Greene Broillet & Wheeler, our team has extensive experience handling high-stakes workplace injury cases, including those that fall outside the bounds of traditional workers’ compensation. We’re here to help you understand your rights and explore every legal avenue for justice.