Can you sue your employer for a work injury?

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

Why workers’ comp usually blocks the lawsuit

Workers’ comp works as a trade. You get benefits without having to prove anyone did anything wrong, and in exchange the employer is shielded from an injury lawsuit. California’s Labor Code 3600 makes the employer liable for compensation “without regard to negligence,” and section 3602(a) makes comp the “sole and exclusive remedy” against the employer, apart from the exceptions the law lists. The same subsection says an employer’s “dual capacity” does not open the door to a damages suit.

Washington’s RCW 51.04.010 promises injured workers “sure and certain relief” regardless of fault and abolishes civil actions for those injuries “except as in this title provided.” In Texas, comp is the exclusive remedy of a covered employee against the employer and against the employer’s agents and employees (Labor Code 408.001(a)).

Co-workers usually share the employer’s protection. In California, you can sue a co-worker only for a “willful and unprovoked physical act of aggression” or for an injury caused by the co-worker’s intoxication (Labor Code 3601).

The exceptions at a glance

California: a few narrow doors

A careless employer is still protected in California. Unsafe staffing, a skipped inspection or a broken rule usually leaves the worker with comp benefits only. Each exception in the table asks for something more specific.

The concealment exception is about what happened after the injury. If your employer knew you were hurt and that the job caused it, hid that from you, and the injury got worse as a result, you can sue for the harm caused by the delay, and the employer carries the burden of separating that harm from the original injury. The power press exception is narrower still. It covers material-forming machines that use a die, and it requires proof that the manufacturer designed, installed, required or specified the guard and told the employer about it.

The uninsured employer rule is the broadest. If your employer never secured comp coverage, Labor Code 3706 lets you sue it for damages as if the comp law did not apply.

Texas: it turns on whether your employer has comp

Texas lets a private employer decide whether to carry comp, while public employers are treated differently (Labor Code 406.002(a)). If your employer opted out, you can sue it, and under section 406.033 it cannot defend by blaming your own negligence, an assumed risk or a co-worker. It can still argue that you meant to cause the injury or were intoxicated. Our Texas non-subscriber guide walks through how to check coverage, waivers and employer injury plans.

If your employer does carry comp, the only carve-out in section 408.001 is for a worker’s death. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.

Washington: deliberate intention is a high bar

Under RCW 51.24.020, a worker hurt by the employer’s “deliberate intention” to produce the injury keeps L&I benefits and may also sue for damages beyond those benefits. The Washington Supreme Court set the test in Birklid v. Boeing Co. (1995): the employer had actual knowledge that an injury was certain to occur and willfully disregarded it. In Walston v. Boeing Co. (2014), the court declined to extend that test to injuries that were only “substantially certain.” Our Washington work injury guide covers the L&I side of the case.

Suing someone other than your employer

This is where most work injury lawsuits come from. In California, a comp claim “does not affect” your right to sue “any person other than the employer” (Labor Code 3852). Texas lets you seek damages from a liable third party and pursue comp at the same time (Labor Code 417.001(a)). Washington allows a claim against a “third person, not in a worker’s same employ” (RCW 51.24.030(1)).

The outside party might be a driver who hit you on a delivery route, a general contractor or another subcontractor on a shared job site, a property owner, or the company that made a machine or tool that failed. Construction sites have their own rules about which of those companies can be sued, covered in our FAQ on construction accident third-party claims. The comp insurer is usually repaid from what you recover, and our page on workers’ comp versus a personal injury claim shows how that repayment works.

What this means for your case

Report the injury first, because the comp deadlines are short. California requires written notice to the employer within 30 days, with some exceptions (Labor Code 5400). Texas requires notice to the employer by the 30th day (Labor Code 409.001). Washington requires the L&I claim within one year of the injury (RCW 51.28.050).

Then ask two questions. Did your employer carry comp on the day you were hurt? Was any other company or person involved? Those answers decide whether you have a lawsuit and against whom. More answers are on our injury law FAQs page.

Common questions

Related pages

Injury law FAQs

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.