Sometimes. If you were hurt while serving one of your employer’s customers, the customer is generally not considered your employer, which is important to understand. Workers’ compensation usually prevents an employee from suing their own employer for ordinary workplace negligence.
That restriction does not automatically prevent a claim against a separate third party. California Labor Code § 3852 preserves an injured worker’s right to pursue a claim against a third party whose negligence caused or contributed to the injury, even when workers’ compensation benefits are available. A client or customer of your employer can be that third party, depending on what actually happened. Reach out to our Los Angeles workplace accident lawyer if you need legal help pursuing a third-party claim.
When Can a Client or Customer Be Liable for Your Injury?
A customer may be responsible when their own conduct, or a dangerous condition they controlled, caused the accident. Some situations where that can happen:
- A customer leaves a spill or obstruction in the area where you were sent to work
- Unsafe stairs, flooring, or other conditions on the customer’s property cause a fall
- The customer’s dog attacks you
- The customer operates equipment or a vehicle negligently
- The customer interferes with your work in a way that leads to the injury
What all of these have in common is conduct or a condition attributable to the customer. The fact that the accident happened at the customer’s property is not enough by itself. An HVAC technician who strains his back lifting a unit probably has no claim against the building owner. The same technician who falls because the customer never mentioned that the attic access ladder was cracked may have one.
Can You Receive Workers’ Compensation and Still Sue the Customer?
Yes, potentially. Pursuing workers’ compensation does not automatically prevent you from bringing a separate third-party claim. Workers’ compensation, which comes through your employer regardless of fault, may provide medical treatment, temporary disability benefits, and permanent disability benefits. A claim against the customer may be based on negligence or another theory of liability, depending on what caused the injury.
Your employer’s comp insurer may have reimbursement or lien rights against whatever you recover from the customer, since the law does not intend for you to collect twice for the same medical bills. How that lien is handled and reduced has a direct effect on your net recovery, and it is one of the practical reasons the two claims should be coordinated by an attorney who understands both of these claims.
What If Your Employer Was Hired as an Independent Contractor?
Under California’s Privette doctrine, the person or business that hires an independent contractor is generally not responsible for making sure the contractor’s employees do their jobs safely. That responsibility usually belongs to the contractor. Because of this, an injured worker often cannot sue the client just because the injury happened while doing the work they were hired to perform, even if the client owns the property where it happened.
How Can a California Injury Lawyer Determine Who You Can Sue?
The right defendant is not always apparent right away. An attorney can:
- Identify your employer of record and every separate company or individual involved
- Review the contracts showing who controlled the job and the property
- Investigate who created the dangerous condition, who knew about it, and whether anyone failed to warn you about it
- Determine whether the Privette doctrine applies and whether an exception opens the door to a claim
- Coordinate the third-party case with the workers’ compensation benefits you are already receiving
If you were injured while working at a customer’s home or business, a consultation can help you determine whether a third-party claim is worth pursuing. The earlier that review happens, the easier it is to preserve the evidence that these cases are based on. Contact our team today to schedule a free consultation.