Can I Sue My Employer For My Injury - Exclusive Remedy?

If the employer had a workers’ compensation insurance policy at the time you were injured on the job, you cannot sue your employer in Superior Court. Some injured workers’ ask this question believing (usually correctly) that since the workers’ compensation benefits for serious injuries are inadequate, they should be able to get additional pain and suffering compensation. Unfortunately, you are limited to the limited benefits of the workers’ compensation system by a law called the Exclusive Remedy which states that were the employer has secured workers’ compensation insurance, that is the sole remedy of the injured worker.

There are a few limited exceptions to the exclusive remedy as indicated below. This is not a complete list. Suits in Superior Court are possible against the employer in these types of situations:

1. Power Press Exception – No guard provided on power press
2. Employment Discrimination under FEHA/ADA
3. Sexual Harassment

The general time limit for filing these cases is one year.