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California Workers' Comp or Sue?

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Have You Been Injured on the Job in California? Are You Unsure Whether to File a Workers’ Compensation Claim or Sue?

We have the information you need to make an informed decision.

If you’re looking for answers and guidance, look no further. Our knowledgeable attorneys will provide you with the information you need to make the best decision for your situation.

Whether you choose to file a workers’ comp claim or sue, we will fight tirelessly to protect your rights and get you the compensation you deserve.

Call Goldberg & Loren today for a free consultation.

Workers Compensation in California?

California workers’ compensation provides you benefits if you have been injured or become ill as a result of work-related activities. Under this system, you are entitled to various benefits to help you recover and get back on your feet. [1]

  • Medical expenses: California workers’ comp covers all necessary medical treatments and services related to your work injury or illness. This includes doctor visits, hospital stays, surgeries, medications, and rehabilitation programs.
  • Disability benefits: You may be eligible for temporary disability benefits if your injury prevents you from working during your recovery. These benefits aim to replace a portion of your lost wages. If the injury results in permanent disability, you may be entitled to permanent disability benefits.
  • Death benefits: In unfortunate cases where you pass away due to a work-related injury or illness, your dependents may receive death benefits to help cover funeral expenses and provide financial assistance. [2] 
  • Vocational rehabilitation: If an injury affects your ability to perform your previous job, you may receive vocational rehabilitation services to help you find suitable employment in a different field. 
Workers Compensation in California?

When Can You Sue Outside Of A Workers’ Compensation Claim?

You can sue outside of a workers’ compensation claim in the following situations:

  • Intentional harm: If your employer intentionally caused your injuries or engaged in conduct that they knew would likely cause harm, you may be able to file a lawsuit against them.
  • Third-party negligence: If your injuries were caused by a third party, such as a vendor, subcontractor, or another driver, you can sue that party for negligence.
  • Defective products: If your injuries were caused by a defective product or equipment, you may have grounds for a product liability lawsuit against the manufacturer or distributor of the defective item.
  • Toxic exposure: If you were exposed to toxic substances at work and suffered injuries as a result, you may be able to sue the responsible party, such as a chemical manufacturer or supplier.

You may be able to pursue compensation for damages such as medical expenses, lost wages, pain and suffering, and other related losses through a personal injury lawsuit, as opposed to strictly through workers’ compensation.

Consult with our California workers’ compensation lawyers to determine the best course of action in your specific case.

When Can You Sue Your Employer?

  • Failure to carry workers’ compensation insurance: If your employer is legally required to carry workers’ compensation insurance but fails to do so, you may have the right to sue them for damages in a civil court.
  • Dual capacity: In some jurisdictions, there is a legal concept known as “dual capacity” that allows an injured employee to sue their employer if the employer acts in a different capacity that is separate from their role as an employer, such as a product manufacturer.

The specific laws related to suing an employer for workplace injuries can vary by state or jurisdiction, so consult with our knowledgeable workers’ compensation attorneys to understand your rights and options.

When Can You Sue Your Employer?

California's Statutory Limits on Damages After an Injury at Work

In California, the Statute of Limitations for personal injury cases is generally two years from the date of the injury. This means that you have two years from the date of the accident or injury to file a lawsuit in civil court. If the lawsuit is not filed within this time frame, you may lose the right to seek compensation for your injuries.

There are certain exceptions and specific circumstances that could alter the Statute of Limitations, depending on the nature of the injury and the details of the case. Consult with our qualified workers’ compensation attorney in California to understand the relevant laws and ensure that you take appropriate legal action within the required time frame.

Contact Our Experienced Attorneys Today

At Goldberg & Loren, our experienced attorneys can provide the advice and guidance you need when filing a workers’ compensation claim in California.

If you or someone you know has been injured at work, contact us today for a free and confidential evaluation of your case. Our attorneys will help you evaluate the facts of your case and work together with you to determine the best course of action.

Contact Our Experienced Attorneys Today

Sources:

[1] Information, D. O. W. C. I. W. (n.d.). DWC Workers’ Compensation in California: A Guidebook for Injured Workers. https://www.dir.ca.gov/injuredworkerguidebook/injuredworkerguidebook.html

[2] Information, D. O. W. C. I. W. (n.d.). DWC workers’ compensation benefits. https://www.dir.ca.gov/dwc/WorkersCompensationBenefits.htm#DeathBenefits

George Goldberg

Are you unsure whether you should a workers' compensation claim or sue for your workplace injury in California? Our team of skilled lawyers is available to provide assistance. Feel free to contact us today for the answers you need.

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We Represent Employees Injured in the Workplace all over California Including the Following Cities and Communities.

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