The basic rule in California is that collecting workers compensation is the exclusive remedy for workers injured on the job. That said, there are plenty of exceptions that will allow workers to sue their employers. Too many workers lose out on the large amount of compensation they can collect for pain, suffering and mental anguish when they meet the requirements for an exception to workers compensation as an exclusive remedy. So, if you’ve been injured at work, it’s important to speak to an experienced work injury attorney to discuss your legal rights to monetary compensation by suing your employer.
Exemptions To California Workers Compensation As An Exclusive Remedy
Intentional Assault: An employer can be held liable for assaulting an employee. You can also sue your employer for an assault by another employee, if the employer ratified the attack.
Dual Capacity: This exception allows workers to sue their employer when they are harmed by , but not in the course of their employment. For example, a nurse that’s being treated as a patient at the hospital is not performing her duties at the time and can sue the hospital for negligence or malpractice. It can also apply if a worker slips and falls while off duty or is injured by a product that was manufactured by the employer such as a malfunctioning hair dryer that’s used at home.
Fraudulent Concealment: If the employer tries to cover up an accident and injury, and this cover up causes the injury to be aggravated or worsened, the employer can be sued for the additional harm the fraud and concealment caused.
Power Press Guard Failure to Install or Removal: This is a very specific law in response to employers not installing or removing guards to increase productivity. Employers can now be sued for injuries sustained if they engage in this conduct.
Uninsured Employer: When an employer fails to provide workers compensation insurance, they can be sued for injuries sustained by workers on the job.
California Worker Injury Attorney
The best way to find out if you can sue your employer for a work related injury is to speak to an experienced California worker injury attorney to discuss your legal rights to monetary compensation.
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At Silva Injury Law we promote healing through compassionate advocacy. With each case tailored to the individual, we look our for your best interests by evaluating your unique circumstances. Contact us today for a FREE in person or remote consultation.