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★ California · workplace

Workplace settlements
in California.

By Reviewed by Abd Shanti, Founder9 min read

California’s maximum temporary disability benefit rose to $1,764.11 a week on 1 January 2026. A contractor’s employee hurt on someone else’s property can sometimes sue the owner, but only under narrow exceptions to the Privette rule.

Facts that decide a workplace claim in California

Temporary total disability, 2026Maximum $1,764.11 and minimum $264.61 a week, up from $1,680.29 and $252.03.Division of Workers’ Compensation, 2026 TTD rates
How the rates moveThe limits rise with the state average weekly wage, which increased 4.98826% for 2026.Division of Workers’ Compensation, 2026 TTD rates (Labor Code § 4453(a)(10))
Privette ruleA property owner who hires an independent contractor is generally not liable for injuries to the contractor’s employees, unless it knew or should have known of a concealed hazard.Blaylock v. DMP 250 Newport Center (Cal. Ct. App. 2023)
Deadline to sueTwo years for “an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”Cal. Code Civ. Proc. § 335.1
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★ CA · reported workplace outcomes

What California courts have awarded.

Real California decisions and verdicts, each linked to the court record or official report.

  • Blaylock v. DMP 250 Newport Center
    California Court of Appeal · 2023
    Summary judgment for owner affirmed

    Blaylock, a project manager for an HVAC contractor, went into a building’s crawl space with three coworkers to trace an airflow problem and fell through an access panel in the floor. He sued the owner and its property manager. The court held there was no evidence they knew or should have known the panel was concealed or hazardous, so the concealed hazard exception did not apply, and affirmed.

  • Collins v. Union Pacific Railroad
    California Court of Appeal · 2012
    $2,695,493.93 after remittitur

    A derailment cleanup worker hit on the head by a falling crane block received workers’ compensation from his employer and then won a federal railroad claim against Union Pacific as its special employee; the award was reduced to reflect the compensation lien.

★ CA · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in California.

  1. 1

    Know the exceptions to Privette. A contractor’s employee can sue the owner only for a hazard the owner knew or should have known was concealed, or where the owner retained and exercised control.

  2. 2

    Other routes exist. Collins shows a worker recovering from a company that directed his work as a special employee, beyond workers’ compensation.

  3. 3

    The ceiling moves every January with the state average weekly wage, so the year of injury decides the maximum.

★ CA · statute of limitations
2 years for personal injury; 1 year for medical malpractice (with 3-year repose)

Cal. Code Civ. Proc. § 335.1, § 340.5

★ CA · fault rule
Pure comparative negligence

Pure comparative negligence under Li v. Yellow Cab (1975), recovery available at any fault percentage.

★ CA · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in California.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How California's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
California · you are herePure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)—
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · workplace →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · workplace →
IdahoModified comparative, 50% bar2 years from date of injuryID · workplace →
MontanaModified comparative, 51% bar3 years from date of injuryMT · workplace →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · workplace →
OregonModified comparative, 51% bar2 years from date of injuryOR · workplace →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · workplace →
MississippiPure comparative negligence3 years from date of injuryMS · workplace →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · workplace →
New MexicoPure comparative negligence3 years from date of injuryNM · workplace →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · workplace →
DelawareModified comparative, 51% bar2 years from date of injuryDE · workplace →
★ CA · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt at work in California? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-29.

★ all of CA
California overview

Fault rule, statute, caps, and key facts for California as a whole.

★ national frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in California. See /methodology, /sources, and /disclaimer.