Who else can I sue?

One of the questions I am often asked by new clients is whether they can sue anyone besides their employer for their injury.  In most cases there is no one else who can be sued.  However, there are additional claims that can be made within the workers’ compensation system.  These additional claims are: (1) discrimination under Labor Code Section 132a, and (2) a claim for serious and willful conduct by the employer.  In order to pursue either of these two additional claims against your employer, a Petition must be filed with the Workers’ Compensation Appeals Board within one year of your injury date.

Labor Code Section 132(a)

Labor Code Section 132(a) indicates that employers cannot discriminate against injured employees.  There are many ways that an employer can discriminate against an employee that is injured at work.  This includes being demoted or fired because of the injury.  In addition, if an injured employee is treated definitely than other employees, this could be potential grounds for a claim under this section.  For instance, if an injured worker was not given the same raises as other employees.

In order to determine whether or not you should file a Petition under Labor Code Section 132(a) you need to speak with an attorney who specializes in workers’ compensation claims.

Serious and Willful Misconduct

A claim for Serious and Willful Misconduct is made by filing a Petition with the Workers’ Compensation Appeals Board within one year of your injury date.  In order to prevail under this section it is necessary to prove more that mere negligence on the part of your employer.  Rather, it must be proven that the employer knew or should have known that your injury was likely because of their action or inaction.  I highly recommend that you speak with an attorney who specializes in workers’ compensation to determine whether or not it is best to pursue this claim.

Civil Claims Against Your Employer

There are numerous other Federal and State Laws under which you might be able to sue your employer.  Generally, these cases are handled by attorneys that practice labor law.  Do not assume that your workers’ compensation attorney is representing you for any such case.

Claims Against Others

Although you can not sue your employer in civil court because of your work injury, there may be other reasonable parties you can sue.  For instance, if you are injured during a car accident while working, you can pursue a civil lawsuit for negligence against the other driver.  If you are injured at a construction site you might have a civil case against the general contractor, owner, or one of the other contractors.  In order to determine the merits of a civil case, it would be best to speak with an attorney who specializes in both workers’ compensation and personal injury like myself. This is because there are many overlapping issues between the workers’ compensation and the negligence case that only a lawyer who specializes in both areas of law can deal with.

I can help!  Please call now 1 (800) 500-8922 for an immediate, no obligation, free home, phone or office consultation or fill out the convenient Form above (Top Right).