Can I Sue My Employer for a Workplace Injury in California?

After being injured at work through no fault of your own, it’s important to file a workers’ compensation claim as soon as you can. When filing your claim, you may wonder what happens if your employer is at fault for your injuries. California law states claims should be handled exclusively within the workers’ compensation system, so generally, employees cannot sue their employers.

However, this law comes with exceptions. These exceptions can be complicated, so our experienced legal team at KCNS Law Group is here to help you understand when you can sue your employer and the steps you can take that may better your chances of receiving maximum compensation for your injuries.

Understanding When You Can Sue Your Employer in California

According to California Labor Code §3602, you can sue your employer for your workplace injuries if your employer falls under one of the following categories:

• Dual capacity: If you were injured by a product your employer makes, but you were not acting as an employee at the time of your injury, you might be able to sue your employer.
• Fraudulent concealment: This exception involves the employer covering up your injury and their connection to it, making your injuries worse.
• Employer assault: You can sue your employer if they committed or encouraged assault against you.
• Power press: If your employer removed guards from a power press machine, you can sue them because guards should be in place to prevent injuries.
• Uninsured employer: You can sue your employer if they do not have workers’ compensation insurance.

If your situation falls under any of these exceptions outlined by California law, you may be allowed to sue your employer for your injuries. Our experienced attorneys may help you gather information and evidence to present your case in the most effective way possible.

How to Sue Your Employer in California

Once you have determined if you can sue your employer for your injuries, you may wonder what comes next. The legal processes that follow a workplace injury can be stressful, so we are here to assist you every step of the way to allow you to focus on recovery.

The first step in suing your employer for your workplace injuries is seeing your doctor about your injuries. You can describe your injuries, tell them what happened, and what caused the injuries. It’s also important to keep track of any medications or treatments your doctor prescribes and any medical costs. These will serve an important role in your case and recovering damages. After a workplace accident, you should also report it to your employer. This report should include details like the location of the accident, what sort of injuries you sustained, and any other significant elements that contributed to the incident. You can also keep a record of this report for yourself so you have evidence of the report.

A workplace accident lawyer can also help you in suing your employer by helping you compile all the details of your case and representing you in the best way possible. Your medical information and the report you file with your employer will be essential in helping your attorney put your case together. Our dedicated lawyers have the experience to fight for you and hold the at-fault party accountable.

Contact a Skilled California Workers’ Compensation Lawyer at KCNS Law Group

Figuring out if you can sue your employer for your workplace injury can be difficult. Managing your injury, all the information regarding your case, and how to get started is a lot to handle alone. Our knowledgeable legal team may be able to guide you through how to proceed with suing your employer if you qualify to do so.

At KCNS Law Group, we have decades of experience providing high-quality representation and personalized legal strategies. We are prepared to listen to your story and come up with the best solution for you to help you receive the compensation you deserve. To schedule a free consultation, complete our contact form or call us at (818) 937-9255.