California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    May 2012
    Posts
    18

    Default Can You Sue Your Employer

    I was just wondering if you can sue your employer if your hurt on the job?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Can You Sue Your Employer

    Quote Quoting Dee View Post
    I was just wondering if you can sue your employer if your hurt on the job?
    generally, no; workers' comp is exclusive remedy for work injuries.
    there are some very, very rare and limited exceptions (intentionally assaulted or dual capacity).

  3. #3
    Join Date
    Jul 2010
    Posts
    150

    Default Re: Can You Sue Your Employer

    Dee,

    SH. is right. It is very very rare. And little details that may not seem to matter to you or me can make a huge difference to a good lawyer. I am one of those very rare cases. If you really want to know you need to talk to a couple lawyers. I had to go through several lawyers before I found the right one. Also keep in mind it is a very hard thing and it takes a while and there is a very very good chance you will get nothing for it. A lot of days I find the thing I long for the most is for it all to be over. If you feel you must go down this road start looking for lawyers like yesterday. There are time limits for this kind of thing. Good luck, you will need it.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Can You Sue Your Employer

    Quote Quoting Dee View Post
    I was just wondering if you can sue your employer if your hurt on the job?
    Presume you are asking if your son can sue the employER... no, besides the fact, he as already settled this claim by taking the cash lump sum payment. (at least that is the impression I get from your prior posts) It's over.
    You cannot sue, as you were not injured, and are not a party to the claim/action.

  5. #5
    Join Date
    May 2012
    Posts
    18

    Default Re: Can You Sue Your Employer

    No i was just wanting to find out how different the laws are in another state than Colorado. There were a few lawyers who told my son and myself that the outcome of his claim would of been alot different if the accident had been in California.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Can You Sue Your Employer

    All states have an exclusive remedy... you cannot sue the employer, in exchange for the benefits being paid up front.
    In a personal injury case, ie. auto accident, there are no wage replacement benefits, you treat with your own insurance or out of pocket, and there will always be a cash settlement.
    In WC...no guarantee of cash settlement... but there are indemnity benefits based on % of impairment.

    Don't know what the attys meant by what you were told... a claim in Calif may resolve differently...for better, or even worse. States adopt their own rating procedures...and all are as unique at the IW's requesting benefits.

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