Skip to Content
Seasoned Sacramento Injury Attorneys

Can I Sue My Employer for a Work Injury?


When someone is injured at work, it’s normal for thoughts to turn toward suing the employer for compensation. While naming an employer in a personal injury lawsuit may be possible in other states, employers are generally immune from such legal action. In turn, employers are required to pay for their employees’ injuries, regardless of who was at fault and carry workers’ compensation insurance to ensure they can pay these costs.

Exceptions to an Employer’s Immunity from Personal Injury Claims

As established as an employer’s immunity from an employee’s personal injury lawsuit maybe, it’s not ironclad. There are some important exceptions to this immunity that make it possible for employees to hold their employers liable for injuries.

Such exceptions would apply under the following circumstances:

  • The employer failed to carry a workers’ compensation insurance policy, which is required by law.
  • The employee is injured as a result of an assault by the employer or an assault by another employee that was sanctioned by the employer.
  • The employee’s injury was worsened or aggravated because the employer concealed the injury and the employer’s connection with the employee.
  • A defective product made by an employer was obtained from someone other than the employer.

If you were injured at work under these circumstances, you may be able to hold your employer accountable with a personal injury lawsuit. Whether you need to pursue compensation by these means or through workers’ compensation, our attorneys at Smolich and Smolich can provide the advocacy you need.

Contact our firm online now to learn more about how we can help our clients.