Employees who are injured at work generally only have the right to recover compensation through workers’ compensation instead of by filing lawsuits against their employers. However, there are a few narrow exceptions that might allow an injured worker to step outside of the workers’ compensation system and file a lawsuit against their employer. In Jimenez v. Mrs. Gooch’s Natural Food Markets, Inc., Cal. Ct. App. Case No. B322732, the Court of Appeal considered whether two exceptions to the exclusive remedy rule applied in a case involving a man who was seriously injured and subsequently died in a pedestrian accident that happened while he was on a short break from work.

Factual and Procedural Background

Timoteo Martinez Ildefonso was employed by a Whole Foods market owned by parent company Mrs. Gooch’s Natural Food Markets, Inc. in Venice, California. Martinez Ildefonso took a 15-minute break, during which he briefly walked off-site. When returning to the store, Martinez Ildefonso crossed a busy road in a crosswalk and was struck by a pickup truck. Following the accident, he walked back to the store. He was given an ice pack by his employer and was asked to fill out a form. He was then given a ride home, and he died several hours later at home from his injuries.