If you are injured at work in California, you have the right to compensation for all the damages you incur. The money should enable you to pay for your medical needs and other expenses arising from lost wages and reduced earning capacity. The amount you claim mainly depends on the kind and severity of your injury. Generally, injured workers file their claims through the workers' compensation insurance program. However, under specific conditions, you can file a lawsuit against your employer for damages related to a work-related injury.
To understand your rights, options, and the right legal process to follow, you need the help of a skilled personal injury lawyer. They will also fight alongside you to ensure you receive full compensation for your damages.
When To Sue Your Employer for a Workplace Injury
California law requires all employers with more than one employee to carry workers’ compensation coverage. The mandate applies to all workers, whether part-time or full-time. The coverage also extends to family members working for their relatives and corporate officers. This insurance benefits both the employer and employee. An employer avoids liability for any work-related injury as long as they have an insurance policy for their employee. An employee can receive full compensation for their damages after a work-related injury, whether long-term or short-term.
Thus, when you sustain a work-related injury and you are covered under the workers’ compensation insurance program, you can file a claim with your employer's insurance provider. Doing this means that you will not sue your employer for the same injury in a civil court. There are circumstances exempt under this law that allow an employee to sue their employer for a workplace injury. If your case falls under the exceptions provided, you can avoid the workers’ compensation program.
Suing your employee for a workplace injury can benefit you more than you can benefit from a workers' compensation claim. For example, you could receive a more substantial award from a successful lawsuit. This is because you can file for non-monetary damages like pain, suffering, and mental anguish. Also, a civil court can award punitive damages if you prove that your employer was criminally or grossly negligent in causing your damages.
However, you must meet very specific requirements to file a lawsuit against your employer for a workplace injury. For example, if you sustain a workplace injury because your employer did something that was not related to your working relationship, you are not eligible for compensation under the workers’ compensation program. This means that you can only receive compensation for your damages by suing your employer.
A skilled personal injury attorney can help you understand the nature of your claim and your options. They will also help you fill out and file a claim against your employer. This can result in a big payout if you include all your damages in the claim. However, you must prove that your employer is responsible for your injuries and that their actions disqualify you from filing a workers’ compensation claim.
Here are specific situations when you can file a lawsuit against your employer for a workplace injury in a civil court:
If You Are Injured Due to Your Employer’s Intentional Acts
The workers' compensation program offers compensation for workplace injuries that are generally accidental. That is why there is usually no need to prove that someone was negligent or liable for your injuries. If an injury results from someone’s deliberate or conscious intent, and you can prove that they intended to inflict an injury on you, you do not qualify for compensation under the workers' compensation insurance. This leaves you with the only option of suing the liable party. If, in this case, your employer deliberately, consciously, and intentionally caused your accident, you can sue them directly in a civil court.
However, you have to prove your claim in a civil court to receive full compensation for your damages. In this case, you must prove that your employer’s actions towards you were deliberate. You must also show that their actions were a direct cause of your injuries. These are very important factors that prove that you do not qualify for compensation under the workers’ compensation program.
Note: You can file a lawsuit against your employer if their actions towards you were indirect. For example, if your employer asks another employee to assault you, it is taken as if the employer committed the assault themselves.
Your Injury Was Due to Fraudulent Concealment
The workers’ compensation claim does not also award damages sustained through fraudulent concealment. This can happen if your injury occurred from something you were exposed to in your workplace, which your employer was aware of. Your employer is responsible for ensuring that your workplace is conducive to you and your colleagues. If there are harmful conditions in your workplace, and your employer is aware of them, they should warn you about them and take measures to keep you safe. If this does not happen, and you sustain an injury, you can file a claim against your employer instead of filing a workers’ compensation claim.
Thus, if you work around hazardous chemicals or in another kind of risky environment, and you believe that your workplace injury is related to the harmful working conditions, talk to a skilled personal injury lawyer. If your workplace is unsafe and your employer fails to disclose, they are technically committing fraud. They are mandated to disclose the kind of environment you are working in. An employer is also liable for your injuries if they misrepresent facts to conceal information.
However, if they were unaware that you were in danger, your employer may not be liable after all. An experienced attorney can investigate the case to determine your employer's liability before filing a lawsuit against them.
If Your Injury Happens in a Dual Capacity Situation
Your employer can have another type of relationship with you that may affect your eligibility for workers' compensation. This means that they are acting in a dual capacity in your case, as your employer, while also representing another party in a separate relationship.
For example, if your employer is a product manufacturer and you are injured while using one of its products, you are a customer, not an employee. This disqualifies you from filing a workers' compensation claim, even if the injury happens in your workplace, where the defective product was manufactured. If your injury happens while using a defective product, the product manufacturer is liable for your damages. This means you will file your claim as a consumer, not as an employee.
If you pursue compensation this way, you must prove the dual capacity factor. This means that you must prove that, even if the liable party is your employer, and they have workers’ compensation insurance, the injury is not related to the employer-employee relationship. You must also prove the other relationship you have with your employer, which relates to the case at hand, like a manufacturer-consumer relationship.
You Were Injured Due to a Power Press
Power press injuries happen under the following circumstances:
- If your employer indirectly causes your injury because they knowingly removed, or failed to install an operation guard on a power press, or
- Someone else knowingly removed or failed to install the operation guard under your employer’s instructions
- This action caused an accident that resulted in your injury or death
A lawsuit under this exemption requires proof that your employer’s actions were known. This means they acted the way they did even after knowing the machine needed an operation guard for safety. An employer will have this information if the machine’s manufacturer provided it at the time of purchase.
To file a successful claim against your employer in this case, you must prove that your employer is liable for your injuries due to:
- Failing to install an operation guard
- Removing an operation guard
- Asking another person to remove the operation guard or instructing them not to install it
If there is no proof that your employer knew that the operation guard was necessary for the operator’s safety, they are not liable for your injuries. This means that you will only recover your damages through a workers’ compensation claim.
Your Employer Does Not Have Workers' Compensation Insurance
Remember that all employers in California are required to carry workers’ compensation insurance coverage for all their workers. However, this does not mean that they all do. Some employers deliberately fail to obtain insurance, thereby subjecting themselves to liability in the event of a workplace injury. If you are injured at work and realize that your employer does not have workers' compensation insurance, you can sue them in a civil court for your damages.
When filing a claim against your employer through this exemption, you are not required to prove your employer’s liability for your injuries. However, your employer can counter your claim by providing that they are not liable for your injuries. This is what they get for failing to have workers’ compensation coverage.
If your claim is successful and your company is insured, your employer’s insurance provider will compensate you for your damages. However, if your company is not insured, the Uninsured Employers Benefits Trust Fund, a state agency, will pay you the benefits awarded by the civil court. This ensures you receive timely and adequate benefits to meet your medical and other needs.
How To File a Claim Against Your Employer
When filing a claim against your employer, you must have the necessary documents to support your claim. You must also follow the proper procedure to ensure your claim is successful. A skilled personal injury lawyer can help. They will review your case, advise you on your options, and help you through all legal processes. They will also ensure you avoid mistakes that could result in a denied claim. Having a lawyer can also improve your chances of getting higher compensation in the end. Here are critical processes you must follow when suing your employer:
Notify Your Employer About the Injury
When a workplace injury happens, you must promptly notify your employer. You can do this by reporting the injury or illness to your direct supervisor or HR manager immediately after the injury or discovering the illness. You can do the notification verbally or in writing.
Your claim becomes valid if your employer receives the notice within 30 days of the discovery of the injury or illness. After that, you can start preparing to file a claim against your employer.
If the injury requires immediate medical attention, going to the hospital should be your priority. This prevents the injury from worsening. However, ensure you inform the healthcare professionals attending to you that the injury is work-related. If they write this information in your report, it could help your case.
Hire a Personal Injury Lawyer
If you plan to pursue compensation for your workplace injury, it is important to have a personal injury lawyer by your side. Hiring them at the start of the legal process ensures that you have valuable information that could favor your situation.
Your lawyer will review the circumstances of your case to advise you on the right course of action to take. If your case disqualifies you from filing a workers’ compensation claim under the aforementioned exemptions, your lawyer will inform you and help you get started on filing a claim against your employer.
Your lawyer will also ensure you understand your rights, have sufficient support documents, and understand the legal process. They will remain by your side all through the process for support and guidance.
Fill a Claim Form
Once you learn that you cannot file a workers’ compensation claim, it is important to start working on your lawsuit against your employer. This is done by filling out the claim form and filing it with a civil court. You must provide documents to verify your injury and prove the damages included in your claim. The proof you need includes medical records and any documentation to verify that your injury was work-related.
Remember to provide specific details about your workplace injury. You may also be required to prove that your employer is responsible for your injury. This depends on the nature and cause of your workplace injury.
Also, you need to prove all the damages you include in your claim, including monetary and non-monetary damages. If you include medical costs in your claim, attach verifiable documents that prove the amount you incurred and expect to incur due to your injury. If you include lost wages or lost earning capacity, you must attach supporting evidence to prove the damage in your claim.
Get Adequate Medical Care
You must get treated for a workplace injury for you to prove that you were indeed injured and deserve compensation. Ensure you seek treatment immediately after an injury. A delay can worsen the injury or make it appear as if your injury was not serious in the first place. Start documenting your medical treatment right after the first visit to the doctor’s office or the emergency room.
Get a detailed report from your physician about your injuries and the recommended treatment plan. Keep all the receipts as proof of the medical costs you have incurred. If you will need further treatment in the future, ensure that your physician includes it in their report. Your medical report should also detail the nature and severity of your injury.
Wait for the Court’s Decision
Once you file your claim in a civil court, the judge will review and recommend the next course of action. Your employer will be notified about the lawsuit and be required to appear in a hearing to determine your eligibility for compensation. They are allowed to present evidence to counter the claim or fight part of the claim.
If the judge determines that the claim against your employer is valid, they will grant it. This means that your employer will be held responsible for all your damages. Some of the damages you can recover using such a claim include the following:
- Economic damages, like medical costs, lost wages, lost earning capacity, and loss of life enjoyment
- Non-economic damages like pain, suffering, emotional distress, and mental anguish
You could be eligible for punitive damages if the court determines that your employer acted with gross or criminal negligence in causing your injury. If the court grants punitive damages, you will recover even more compensation for your injury.
Find a Skilled Personal Injury Lawyer Near Me
Have you or your loved one been injured at work in San Diego?
You could be eligible for compensation through the workers’ compensation insurance or a lawsuit claim against your employer. The kind of claim you file depends on the nature and circumstances of your injury. If your case is a special one that disqualifies you from workers’ compensation benefits, you can file a claim against your employer to recover your damages.
We can help review your case and advise you accordingly at the San Diego Personal Injury Law Firm. We can also help you through all complex legal processes, defend your rights, and fight alongside you until you are satisfied with the outcome of your case. Call us at 619-478-4059 to discuss this further.