When can you proceed with a civil action against a coworker for an injury while receiving workers' compensation benefits?

• A. Unprovoked violent act by the employer
• B. Coworker intoxicated and the initial physical aggressor
• C. Provoked act by you
• D. Where the employer is uninsured

Answer: (B)

In California, workers’ compensation generally bars a separate lawsuit against your employer for injuries, but there is a carve-out when a coworker’s intentional tort—like an assault—occurs. If a coworker is intoxicated and is the initial aggressor in a physical confrontation, that act is considered outside the normal course of employment and not something workers’ comp covers. In that situation you can pursue a civil action against the coworker for damages even while you’re receiving workers’ compensation benefits.

The other scenarios don’t fit this exception: an unprovoked violent act by the employer isn’t a coworker’s act to sue over; a provoked act by you suggests your own fault or contributory factors that undermine a coworker assault claim; and whether the employer is uninsured does not create a civil action against a coworker.