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In California, claiming workers’ compensation does not take away an injured worker’s right to sue someone other than the employer for the injury (Labor Code section 3852), though suits against co-workers are limited (Labor Code section 3601). The Law Offices of J. Chrisp serves people hurt on construction sites and in work zones in Rohnert Park and Sonoma County. The consultation is free, and there is no fee unless we win. The phone is answered 24/7 at 877-J-CHRISP (877-524-7477).
The Law Offices of J. Chrisp has recovered over $350 million for clients since 2010. Results the firm has obtained in construction zone and roadway cases include:
Every case is different, and prior results do not guarantee a similar outcome. Other results are listed on the firm’s case results page.
If the conditions for workers’ compensation are met, compensation is the worker’s sole and exclusive remedy against the employer, except as Labor Code section 3602 provides. Those exceptions include an injury caused by a willful physical assault by the employer. A worker can also sue an employer that failed to secure the payment of compensation (Labor Code section 3706).
| Claim | Against | Source |
|---|---|---|
| Workers’ compensation | Your employer, if the conditions for compensation are met | Labor Code section 3602 |
| Lawsuit for damages | A person or company other than your employer that is legally responsible for the injury | Labor Code section 3852 |
Who can be sued outside workers’ compensation depends on the facts. Examples of possible defendants include:
In a negligence case, the injured person’s own negligence does not bar recovery. Under Li v. Yellow Cab Co. (1975), it reduces the damages in proportion to that person’s share of the negligence.
Claims against a person or company that hired the worker’s employer as an independent contractor are limited. Under Sandoval v. Qualcomm Inc. (2021), a hirer ordinarily delegates to the contractor all responsibility for the safety of the contractor’s workers. The California Supreme Court has recognized two exceptions. One applies to a hirer that owns the property: it can be liable for failing to disclose a concealed hazard that it knew or reasonably should have known about and that the contractor could not reasonably discover. The other is when the hirer retains control over the contractor’s work and actually exercises it in a way that affirmatively contributes to the worker’s injury.
A driver, rider or pedestrian hurt in a work zone may have a claim against a person or company whose lack of ordinary care caused the injury (Civil Code section 1714). Any damages can be reduced by the injured person’s own share of fault, as described above.
Different rules apply if a city, county, the state or another public entity owns or controls the road. Except as provided by statute, a public entity can be liable for an injury caused by a dangerous condition of its property if the injured person proves the elements of Government Code section 835. These include that a negligent or wrongful act or omission of an employee of the public entity, within the scope of employment, created the condition, or that the entity had actual or constructive notice of it in time to protect against it.
Before suing a public entity, the injured person generally must present a written claim, and the claim must be acted on or deemed rejected (Government Code section 945.4). A personal injury claim must be presented no later than six months after the cause of action accrues (Government Code section 911.2). If that deadline is missed, an application to present a late claim may be made within a reasonable time, no later than one year after accrual, with exceptions listed in Government Code section 911.4. If the entity gives written notice rejecting the claim, the lawsuit generally must be filed within six months after the notice is personally delivered or mailed (Government Code section 945.6).
A claim against the City of Rohnert Park is made on the city’s Claim Form and filed in person or by mail with the City Clerk’s Office at City Hall, 130 Avram Avenue, Rohnert Park, CA 94928, the only city office that accepts claims. A claim against the County of Sonoma goes to the Clerk of the Board of Supervisors, 575 Administration Drive, Suite 100A, Santa Rosa, CA 95403.
A crash in a work zone inside the city is generally handled by the Rohnert Park Department of Public Safety, which provides both police and fire services. The California Highway Patrol’s Santa Rosa Area office, which serves most of Sonoma County, is also located in Rohnert Park, at 6100 LaBath Avenue.
| Deadline | What it controls | Source |
|---|---|---|
| 6 months after accrual | Written personal injury claim against a public entity, such as the City of Rohnert Park, Sonoma County or the state | Government Code section 911.2 |
| 6 months after notice | Lawsuit after the public entity personally delivers or mails written notice rejecting the claim | Government Code section 945.6 |
| 2 years after accrual | Lawsuit for an injury caused by the wrongful act or neglect of another | Code of Civil Procedure sections 312 and 335.1 |
Some of these deadlines have exceptions, including the late-claim application described above. This table does not cover workers’ compensation claims. Report the injury to your employer right away, in writing if you can.
Subject to exceptions, the superior court in the county where the injury occurred is a proper court for a personal injury lawsuit (Code of Civil Procedure section 395). For an injury in Rohnert Park, that is the Superior Court of California, County of Sonoma. Its Civil and Family Law Courthouse is at 3055 Cleveland Avenue, Santa Rosa, CA 95403.
The firm does not have an office in Rohnert Park. Its closest office is in Santa Rosa (3558 Round Barn Blvd, Suite 200). Its main office is in Lower Lake (9667 Highway 29), and it also has an office in San Francisco (1330 Bush Street, Suite 9D). The firm serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area.
Founding attorney Jesse Chrisp, who was born in Santa Rosa, has represented thousands of injured clients and holds the record for the highest personal injury verdict in Lake County. He is a graduate of the Gerry Spence Trial Lawyers College and is frequently sought out by other law firms in the area to take their cases to trial. The firm has Spanish-speaking staff.
In a review shown on the firm’s testimonials page, Jonathan Miller wrote: “The team was very professional and responsive and helped me reach a speedy settlement based on my recovery time.”
Yes, in some cases. Claiming workers’ compensation does not affect the right to sue a person other than the employer (Labor Code section 3852). A co-worker acting within the scope of employment can be sued only for willful and unprovoked physical aggression or intoxication (Labor Code section 3601). A lawsuit against the employer itself is barred when the conditions for compensation are met. The exceptions include situations listed in Labor Code section 3602 and an employer that failed to secure workers’ compensation (Labor Code section 3706).
It depends on the facts. Possible defendants include the manufacturer of a defective product that caused the injury and a driver, other than a co-worker acting within the scope of employment, whose lack of ordinary care caused a crash. A company that hired the worker’s employer as an independent contractor ordinarily delegates to the contractor all responsibility for the safety of the contractor’s workers. Sandoval v. Qualcomm Inc. (2021) recognizes two exceptions, described on this page.
You may have a claim against a person or company whose lack of ordinary care caused the injury (Civil Code section 1714). If the City of Rohnert Park or another public entity owns or controls the road, a written claim generally must be presented within six months after the cause of action accrues (Government Code sections 911.2 and 945.4).
A lawsuit for an injury caused by another’s wrongful act or neglect generally must be filed within two years after the cause of action accrues (Code of Civil Procedure sections 312 and 335.1). Claims against a public entity follow a different process: a written claim within six months, with limited late-claim relief, and a lawsuit deadline after a written rejection (Government Code sections 911.2, 911.4 and 945.6).
The firm does not have an office in Rohnert Park. The closest office is in Santa Rosa at 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403. The phone is answered 24/7 at 877-J-CHRISP (877-524-7477).
If you were hurt on a construction site or in a work zone in Rohnert Park or elsewhere in Sonoma County, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.
The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.
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Labor Code section 3601, section 3602, section 3706 and section 3852; Civil Code section 1714; Government Code section 835, 911.2, 911.4, 945.4, 945.6; Code of Civil Procedure section 312, 335.1, 395, California Legislative Information
Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57, Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 and Sandoval v. Qualcomm Inc. (2021), Justia
City of Rohnert Park: Department of Public Safety page; City Clerk, Filing a Claim for Damages
California Highway Patrol: Santa Rosa Area office page
County of Sonoma: Liability Claims page
Superior Court of California, County of Sonoma: Civil and Family Law Courthouse
Best Law Firms, Best Lawyers; Case results, chrisplaw.com; Jesse Chrisp attorney profile, chrisplaw.com; Testimonials, chrisplaw.com
Attorney Advertising. This page provides general information about California law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated November 2026.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jesse Chrisp, who has been continuously recognized as a leader in personal injury law since starting his law firm in 2010.
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