That sounds like a pretty big difference, and not one that favours california. Having to lawyer up is a big barrier?
As to your latter point, labor suits are pretty heavily in favor of the worker and it's not hard to find a lawyer who will take a case on concession. Fees are also capped, delayed to completion and generally on the losing party to cover. So "the barrier" is as low as you want to consider the solidity of the case.
Considering worker's comp and civil suit structuring are the two pieces of legislation that are most heavily attacked by corporations in California, I wouldn't consider them ineffective; it's certainly a matter of perspective, however.