Can I Sue for Workplace Injury?
If you were hurt on the job, you’re probably asking one simple question:
Can I sue for a workplace injury?
The answer depends on who caused the accident, and that can make a significant difference in the compensation available.
What Is a Workplace Injury?
A workplace injury is any injury or occupational illness that arises out of and in the course of employment. In other words, if it happens while you are performing your job duties, it is generally considered work-related.
Examples:
- Slips, trips, and falls
- Machinery or equipment accidents
- Vehicle accidents while driving for work
- Repetitive stress injuries
- Falling objects
- Exposure to hazardous substances
Workplace back injuries are especially common. In fact, musculoskeletal injuries are among the most frequently reported job-related conditions. Head injuries, fractures, sprains, and strains are also regularly seen in workplace injury cases.
Can I Sue My Employer for an Injury?
In most situations, the answer is no.
Workers’ compensation laws generally make workers’ comp the “exclusive remedy” against an employer for a job-related injury.
Instead, you would file a workplace injury claim through the workers’ compensation system.
Workers’ compensation is designed to provide benefits regardless of fault, but in exchange, employees usually give up the right to sue their employer for ordinary negligence.
California workers’ compensation laws usually prevent employees from suing their employer for workplace injuries. However, there are limited exceptions when an employer’s conduct goes beyond ordinary negligence, such as:
- Intentional physical assault by the employer
- Fraudulent concealment of an injury or workplace hazard
- Dual capacity situations (rare)
- Uninsured employer
Can You Sue for Workplace Injury Caused by Someone Else?
If you were injured at work due to the negligence of a third party—such as a contractor, driver, property owner, or equipment manufacturer—you may have the right to pursue compensation for workplace injury beyond workers’ compensation benefits.
Examples:
- A subcontractor causing a construction site accident
- A negligent driver hitting you while you are working
- A property owner failing to maintain safe premises
- A manufacturer producing defective equipment
In these situations, you may have a separate personal injury claim against the responsible party. If you’re looking for lawyers for workplace injury for a case like this, we may be able to help.
Let us handle the legal complexities of third-party workplace injury claims in California while you focus on your recovery—contact us for your consulta gratis today.
Can You Get Workers Comp and Sue for Personal Injury?
In many cases, yes.
You may be able to receive workers’ compensation benefits through your employer, and file a personal injury lawsuit against the third party who caused the harm with the help of a lawyer for workplace injury.
These are legally distinct claims.
This is common in:
- Construction site accidents involving multiple companies
- Car accidents while driving for work
- Defective machinery cases
- Injuries caused by subcontractors
However, workers’ compensation insurers may have reimbursement rights if you recover money from a third party. The interaction between these claims can be complex and depends on state law.
Can You Sue for a Car Accident While Working?
If you are injured in a car accident while performing job duties and another driver was at fault, you can typically:
File for workers’ compensation benefits, and
Bring a claim against the at-fault driver.
This is one of the most common types of third-party workplace injury cases.
What Compensation Is Available?
Workers’ compensation generally covers:
Reasonable and necessary medical treatment
A portion of lost wages
Disability benefits (temporary or permanent, depending on the injury)
It does not typically provide compensation for pain and suffering.
By contrast, if you are able to sue for workplace injury against a negligent third party, you may be able to seek:
Full lost wages
Loss of future earning capacity
Pain and suffering
Other damages permitted under state law
The difference in potential recovery can be significant.
Tome acción hoy: contáctenos para una evaluación gratuita de su caso
Reach out to our California personal injury lawyer, Allen M. Splopuko, Esq. 24/7 at (562) 955-4AMS or complete our case evaluation form promptly.
Based in Cerritos, Allen Splopuko serves Los Angeles, Long Beach, Fresno, Anaheim, Bakersfield, y en toda California.
Además de tener una prestigiosa carrera jurídica con una combinación única de experiencia en litigios como demandante y defensa, Allen Splopuko es un abogado bilingüe, enabling him to fluently represent English- and Spanish-speakers alike.
Don’t wait for statute of limitations to expire!
Contacta con nosotros hoy for a free, no-obligation case evaluation. Let us handle the legal complexities of rideshare laws in California while you focus on your recovery.
Déjenos Llevar Su Carga
Dealing with the legal landscape can be daunting—that’s why it’s crucial to partner with a seasoned personal injury lawyer in LA County and serving California who can fight fiercely for what you deserve.
Complete la forma de contacto o llámenos al (562) 955-4AMS para iniciar el camino hacia la recuperación.
