Can I Sue My Employer After a Work Injury in California?
When an employee gets injured on the job, one of the first things they ask is, “Can I sue my employer after a work injury in California.” If you are seeking the answer to the same question, please keep reading.
Can You Sue Your Employer After a Work Injury in California?
It is a fact that employees cannot usually sue their employer for work-related injuries. However, it’s important to remember that some exceptions might be there. According to California’s workers’ compensation laws, employers must pay for employee injuries regardless of who was at fault.
In return, the employers get immunity from personal injury lawsuits from the workers. This immunity is not offered in some exceptional cases. So, there are scenarios where an employee can hold the employer accountable for the damages and losses due to the injury.
Examples to Consider
There are a few examples of when you can sue your employer. Some of the examples of such situations include but are not limited to the following:
- If you were injured due to your employer’s willful assault or there was a sanction of an assault by another employee working for the same employer.
- Your injury worsened or was aggravated due to your employer’s wrongful or fraudulent concealment of your it and its link to your employment.
- You were injured due to a defective product made by your employer, and you obtained the product from someone other than your employer.
- Your employer didn’t have Workers’ Compensation Insurance, which is mandatory as per the law.
- You were injured by a power press from which your employer had knowingly removed the machine guard or when the employer knowingly failed to install a point of operation guard on a power press.
There are many other situations where you are allowed to sue your employer after a workplace injury. It would help if you talked to an expert regarding your specific case and scenario, as they will be able to offer you the right advice and steer you in the right direction.
Talk to an Expert
If you have more questions regarding suing your employer after a work injury in California, then you can trust the Laura M. Wilson & Associates Inc. team. We help you return to work more confidently, only after fully recovering from an accident, trauma, crisis, or injury. Also, we can help get you the best legal advice you need to move forward in life.
We provide a broad array of services such as SJDB Service, RTWSP Service, Expert Witness, Vocational Evaluation, Vocational Rehabilitation Counseling Services, and Transferable Skills Analysis.
Our vocational rehabilitation counselors will decide which services are right for you and offer a solution that helps you return to work and retain your job if you want to do that. Feel free to express your feelings and desires to them. To book a one-on-one session with one of our experts, make an appointment here or call the Laura M. Wilson & Associates Inc. team toll-free at (800) 531-5608.
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