Can I Sue After Being Injured at Work?

Employers are generally unable to sue employees for work-related injuries. There are exceptions to this rule. California's workers' compensation law requires employers to cover employee injuries, regardless of fault. Employers are protected from personal injury lawsuits by workers in most cases. However, there are exceptions to this rule. In some cases, injured workers may sue their employers for lost wages and or damages.

EMPLOYER IMMUNITY EXCEPTIONS

California's workers' compensation laws prevent employees from suing employers for work-related injuries. Workers' compensation laws provide "employer immunity", which means that employers are required to pay workers’ compensation benefits regardless if employees are at fault.

Employer immunity is not absolute. However, there are exceptions. These are just a few examples of situations where you might be able to sue your employer.

• Your employer willful assault of another employee caused you to be injured.
• Your employer's fraudulent or wrongful concealment of your injury, and the connection to your employment, caused your injury to become worse or more severe.
• Your employer had a defective product, and you were hurt by it.
• Your employer didn't have Workers' Compensation Insurance as required by law.
• The machine guard or safety feature was removed. This applies when a worker is injured or dies because the employer knew to remove or fail to install a point-of-operation guard on a power press. This may create the possibility of serious injury or death for workers, therefore the employer must have specifically authorized the removal or failure of the installation.

WHAT TO DO IF YOU ARE SUSPENDED FROM YOUR JOB?

You may be able to file a lawsuit against the employer if you are injured while on the job. These are the steps you should take to determine if you can sue your employer.

• Workers' compensation eligibility. If you have been hurt on the job, the first thing you should ask is whether you are eligible to receive workers' compensation benefits. You may not be allowed to sue your employer if you are eligible. In such cases, it is crucial that you file a claim for benefits.
• Medical evaluation: This will require you to provide evidence of the extent and cause of any injuries sustained on the job. It is crucial that you seek a complete medical evaluation as soon as possible. To maintain your workers' compensation eligibility, you may need to visit a doctor that your employer has approved.
• Details about an accident: Keep as much detail as you can about the incident. It is easy to forget important details. Rich detail gives you a greater advantage.
• Contact a Lawyer for your work injury: An experienced lawyer with a track record in representing injured workers is crucial.

Do I Need to Hire a Personal Injury Lawyer? 

Protecting your rights to fair and full compensation

Los Angeles residents have rights if they are injured. It is important to choose a skilled and experienced personal injury lawyer in order to protect your rights. It can be difficult and even hostile to file a claim for compensation. The person or entity responsible for your injuries or their insurance company will look out for their interests more than yours. They will use your ignorance and experience to stop you from getting the justice you deserve. You may not realize that you need an attorney.

The  Law Firm of John W. Stenson has many years of combined experience in handling personal injury cases in Los Angeles and Southern California. We are familiar with the details of personal injury law. Every day, we take on corporate defendants and insurance companies. We are passionate advocates for our clients in order to get the maximum compensation for their losses and injuries. We are skilled negotiators, and when a fair settlement is not reached, we represent our clients in court.

We handle everything while you recover from your injuries

You don’t want to deal with all the paperwork after an accident or injury. Instead of dealing with insurance companies, dealing with them (and worrying about whether they are being fair to you), investigating your claim, gathering evidence, figuring out what your rights may be, and proving your losses, this is the time you need to heal from your injuries and make arrangements for your personal life. Not only do they handle all of these tasks but they also know how to efficiently accomplish them. While you are regaining control of your life, we work in the background. We are available to answer all your questions and concerns. We understand that this can be a stressful time and we want to help you get through the difficult aspects of a personal injury case.