Can You File a Los Angels Paraquat Lawsuit If You Were Employed by a Company Using It?

For decades, thousands of agricultural workers, groundskeepers, and licensed applicators have relied on their jobs to support their families. Unfortunately, many of those same jobs required the regular use of Paraquat, a potent herbicide now strongly linked to Parkinson’s disease. If you are one of these workers and have been diagnosed with this debilitating condition, you are likely facing a storm of questions. One of the most common and pressing worries is: “Did I sign away my rights just by doing my job?” or “Can I even sue if my employer was the one who told me to use it?”

The short answer is: Yes, you likely still have a case.

Employment does not automatically strip you of your right to hold a negligent manufacturer accountable for a dangerous product. While employment law adds a layer of complexity to these cases, it rarely acts as a total shield for the corporations that made and sold a toxic chemical. At Walch Law, we specialize in helping workers navigate these specific legal hurdles. We understand the fear that comes with a Parkinson’s diagnosis, and we are here to clarify your rights and fight for the compensation you deserve.

Did I Waive My Rights by Working?

A common misconception among workers is that by accepting a job, receiving a paycheck, or even signing an employment contract, they have “waived” their right to sue for injuries sustained on the job. This is generally not true in the context of product liability.

When you go to work, you agree to perform specific duties in exchange for pay. You do not agree to be poisoned by a defective product. The lawsuits currently being filed regarding Paraquat are not typically against your employer (the farm, the landscaping company, or the golf course). Instead, they are against the manufacturers of the chemical, such as Syngenta or Chevron.

These manufacturers have a legal duty to ensure their products are reasonably safe and to provide adequate warnings about potential long-term health risks like Parkinson’s disease. If they failed to do so, they can be held liable, regardless of who your employer was. Your employment status does not absolve a multi-billion dollar chemical company of its responsibility to sell safe products.

Workers’ Compensation vs. Third-Party Lawsuits

To understand your rights, it is crucial to distinguish between two different types of legal claims: workers’ compensation claims and third-party product liability lawsuits.

Workers’ Compensation: The “Exclusive Remedy” Rule

In most states, including California, workers’ compensation is designed to be the “exclusive remedy” for injuries caused by your employer’s negligence. This means that if you get hurt at work, you generally cannot sue your boss or your company directly. Instead, you file a workers’ comp claim to get your medical bills paid and receive a portion of your lost wages.

However, workers’ compensation has significant limits:

It does not pay for “pain and suffering.”
It does not punish the wrongdoer.
It often doesn’t cover the full extent of future lost earnings.

Third-Party Lawsuits: Your Path to Full Compensation

A Paraquat lawsuit is a third-party claim. This is a lawsuit filed against a person or company other than your employer who contributed to your injury. In this case, the “third party” is the chemical manufacturer.

Because the manufacturer is not your employer, the “exclusive remedy” rule of workers’ compensation does not apply. This allows you to bypass the limits of workers’ comp and sue for the full range of damages available in a civil lawsuit, including:

Full lost wages and loss of future earning capacity.
Past and future medical expenses not fully covered by workers’ comp.
Physical pain and suffering.
Emotional distress and loss of enjoyment of life.
Punitive damages (intended to punish the manufacturer).

You can often pursue both a workers’ compensation claim and a third-party lawsuit simultaneously.

Scenarios Where You Can File a Lawsuit

There are several common scenarios in which an employee can successfully file a lawsuit for Paraquat exposure.

1. Defective Product Claims

This is the most common route. You argue that the Paraquat itself was defectively designed or manufactured, making it unreasonably dangerous. The argument is that no matter how carefully your employer followed the instructions, the product was inherently unsafe because it causes Parkinson’s disease—a risk that was allegedly concealed from the public.

2. Failure to Warn

Even if a product is dangerous, manufacturers must warn users of the risks. If the label on the Paraquat jug did not explicitly warn about the risk of neurodegenerative diseases like Parkinson’s, the manufacturer failed in its duty to warn you. Since your employer relies on these labels to implement safety protocols, the manufacturer’s failure to warn puts everyone at risk.

3. Employer Negligence (Exceptions to the Rule)

While rare, there are exceptions where you might be able to sue your employer directly outside of workers’ comp. For example:

Fraudulent Concealment: If your employer knew you were sick because of Paraquat and hid that information from you, exacerbating your injury.
Gross Negligence: In some jurisdictions, extreme recklessness by an employer that goes beyond simple carelessness can open the door to a lawsuit.

4. Independent Contractors

If you were classified as an “independent contractor” rather than an employee (which is common in some agricultural and landscaping sectors), you generally are not covered by workers’ compensation restrictions at all. This gives you broader freedom to sue any liable party, potentially including the entity that hired you if they were negligent.

What to Do If You Suspect Work-Related Exposure

If you have been diagnosed with Parkinson’s disease and believe your past employment exposed you to Paraquat, time is of the essence.

Secure Your Diagnosis: Ensure you have a formal diagnosis of Parkinson’s disease from a neurologist.
Document Your Employment History: Create a detailed timeline of where you worked and when. Dig up old pay stubs, W-2s, or employment contracts.
Identify the Chemicals: Try to recall or find records of the specific herbicides used. Did you use Gramoxone? Firestorm? Parazone? Even if you just remember “the blue stuff” or “the bad smelling spray,” that can be a starting point.
Preserve Certification Records: If you were a licensed applicator, find your license number or certification cards.
Do Not Sign Settlement Offers Yet: If your employer or an insurance company approaches you with a settlement offer for your illness, do not sign anything without speaking to a lawyer. You could inadvertently waive your right to a larger lawsuit.

How Walch Law Navigates Complex Employment Cases

Suing a chemical giant while dealing with past employment records can feel overwhelming. At Walch Law, we handle the heavy lifting so you can focus on your health.

Evidence Gathering: We know how to obtain decades-old employment records, pesticide purchase logs, and application manifests to prove you were exposed on the job.
Navigating Liens: If you received workers’ compensation benefits, the insurer may try to claim a portion of your lawsuit settlement (a lien). We aggressively negotiate these liens to ensure you keep the maximum amount of money possible.
Expert Coordination: We work with industrial hygienists and medical experts to prove that your specific job duties led to sufficient exposure to cause your illness.
No Fee Unless We Win: We handle these cases on a contingency fee basis. You pay nothing upfront, and we only get paid if we win your case.

Contact Us Today for a Free Consultation

Your hard work should not have cost you your health. If you were exposed to Paraquat on the job and developed Parkinson’s disease, you have rights that go far beyond a simple workers’ comp claim.