By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
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The rules by state
| California | Texas | Washington | |
|---|---|---|---|
| Comp as the exclusive remedy | Yes (Labor Code § 3602(a)) | Yes, if the employer has comp coverage (Labor Code § 408.001(a)) | Yes; civil suits against the employer for work injuries are abolished (RCW 51.04.010) |
| When you can sue the employer | Willful physical assault by the employer; fraudulent concealment that aggravates the injury; a defective product the employer made and sold to an outside buyer, who then supplied it for the worker’s use; or an employer with no comp coverage (§ 3602(b), § 3706) | The employer has no comp coverage (a “nonsubscriber”) (§ 406.033) | The employer deliberately intended to produce the injury (RCW 51.24.020) |
| Suing others | Allowed against anyone other than the employer (§ 3852) | Allowed against negligent third parties (§ 417.001) | Allowed against a third person not in the worker’s same employ (RCW 51.24.030) |
California
Labor Code § 3602 makes comp the sole remedy against the employer, with exceptions that include those in the table. If the employer never secured comp coverage, § 3706 lets the injured worker sue the employer as if the comp system did not apply. When the burn came from the employer’s serious and willful misconduct, the remedy stays inside comp, but § 4553 increases the compensation by one-half (Labor Code § 4553). A comp claim does not affect the right to sue anyone other than the employer (§ 3852).
Texas
Some Texas employers carry workers’ comp and some do not. If yours does, comp is your remedy against it. The only carve-out lets a worker’s surviving spouse or children recover exemplary (punitive) damages when the employer’s intentional act or gross negligence caused the worker’s death (§ 408.001(b)); it does not open a regular injury suit. An employer without comp coverage can be sued for negligence, and it cannot argue that the worker was partly at fault or assumed the risk (§ 406.033). Injured workers can also sue negligent third parties (§ 417.001). Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
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Washington
Washington abolished civil suits against employers for work injuries (RCW 51.04.010), except where the employer acted with deliberate intention to produce the injury (RCW 51.24.020). A worker can elect to sue a third person not in the same employ, and must notify the Department of Labor and Industries or the self-insured employer when the suit is filed; the department may claim a statutory interest in the recovery (RCW 51.24.030).
Who the third party usually is
Refinery and plant burns often involve more than one company on site. When the TPC Group plant in Port Neches, Texas exploded in November 2019, the injured included two TPC employees and a security contractor, and everyone within four miles was ordered to evacuate (U.S. Chemical Safety Board). On a shared site, the contractor whose crew created the hazard, the maker of a valve, hose or heater that failed, the chemical supplier whose labeling fell short, and the owner who controls the site can each be a defendant. Our workplace and refinery burns and chemical burns pages go into those claims.
What this means for your case
File the comp claim and get treatment, then have a lawyer look at who else was involved before evidence leaves the site. The third-party case is a regular injury lawsuit, so it follows the regular deadline: two years in California (CCP § 335.1) and Texas (CPRC § 16.003), three in Washington (RCW 4.16.080). See our FAQ on the burn statute of limitations, and if grafting is involved, skin graft claim value. Our burn injury lawyer page covers the rest.
Talk to a burn injury lawyer
Beverly Law handles workplace burn claims against third parties in California and Washington. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Call (310) 552-6959. You owe no fees or costs unless we win.
Common questions
Can I collect workers' comp and sue someone else?
Yes, in all three states. In Washington you must notify L&I or the self-insured employer when you file, and either may claim part of the recovery.
My Texas employer has no workers' comp. Can I sue?
Yes. A nonsubscriber can be sued for negligence and cannot blame you for being partly at fault.
My employer ignored safety rules. Can I sue it in California?
Usually not. If the conduct counts as serious and willful misconduct under Labor Code § 4553, your comp benefits go up by one-half.
Can I sue the maker of the equipment that burned me?
Usually, yes. A company other than your employer that made a defective heater, valve or hose is a third party in all three states.
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Burn injury lawyer — Beverly Law
If you or your child was burned because of someone else in California, Texas and Washington, talk to a burn injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Burn Injury Lawyer · Burn injury questions
Sources
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- california.public.law/codes/ca_lab_code_section_3602
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- california.public.law/codes/ca_lab_code_section_3706
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- california.public.law/codes/ca_lab_code_section_4553
- Cal. Labor Code § 3852 (third-party claims; law_A.json B8) (leginfo.legislature.ca.gov)
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- california.public.law/codes/ca_lab_code_section_3856
- Tex. Labor Code § 408.001 (exclusive remedy; exemplary damages for death; law_A.json T6 corrected) (statutes.capitol.texas.gov)
- Tex. Labor Code § 406.033 (nonsubscribers; T6) (statutes.capitol.texas.gov)
- Tex. Labor Code § 417.001 (third parties; (b) carrier subrogated and reimbursed from the recovery; T6; text read on tcss (statutes.capitol.texas.gov)
- RCW 51.04.010 (civil actions abolished; exclusive remedy) (app.leg.wa.gov)
- RCW 51.24.020 (deliberate intention; law_A.json W7) (app.leg.wa.gov)
- RCW 51.24.030 (third person not in the worker's same employ; notice to department; W7) (app.leg.wa.gov)
- U.S. Chemical Safety Board, final TPC Group Port Neches report release, Dec. 19, 2022 (two TPC employees and a security (csb.gov)
- Cal. Code Civ. Proc. § 335.1 (leginfo.legislature.ca.gov)
- Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
- RCW 4.16.080 (app.leg.wa.gov)
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 6, 2026.