Agoura Hills Workplace Injury Lawyers
Every year, millions of workers are injured on the job and thousands are killed in work-related accidents. Some industries are especially dangerous–a disproportionate number of fatal accidents involve construction workers. All California workers are supposed to be covered by workers’ compensation, but workers’ comp only provides so much protection. With the right legal help, you and your family may be able to collect significantly more compensation after your California work-related injury than what workers’ comp provides.
The Halpern Law Firm has more than 40 years of legal experience dedicated to protecting the rights of injured accident victims. We know just how devastating a serious personal injury can be for you and your family, and we fight to make sure the appropriate parties are held liable for the harm they have caused. We’ll investigate the circumstances of your accident, whether it took place at home, on the road, or in the workplace, and we’ll make sure to uncover the means to secure you the largest possible award. If you or someone you love has been injured on the job in California, our Southern California personal injury team is ready to help.
When Can You Sue Your Employer After a Workplace Injury?
In California, when you are injured on the job, you are generally restricted to workers’ compensation coverage. All employers with at least one employee are required by law to carry workers’ compensation insurance for the benefit of employees. Through workers’ comp, you can recover compensation for your medical bills, lost wages, disability, and certain other expenses. You cannot recover other damages typically available in a personal injury lawsuit, such as pain and suffering or emotional distress.
There are a few exceptions to the general rule, however. In the following limited circumstances, you can file a lawsuit against your employer after a work-related injury:
- Your employer did not carry workers’ compensation insurance at the time of your injury
- You were injured by way of a deliberate physical assault by your employer
- Your injury was aggravated by something relating to your employment that your employer fraudulently concealed
- You were injured by a product made by your employer, but you were not acting in your capacity as an employee at the time you were injured
- Your injury was caused by a power press that your employer failed to properly and safely install
Talk to a seasoned California workplace injury attorney about your accident to find out if you may have the right to bring separate claims in addition to or in place of your workers’ comp coverage. Workers’ comp is helpful, but it may not be sufficient to fully repay you for the full extent of the harm that you and your family have suffered.
When Can You Sue a Third Party After a Workplace Injury?
There are other circumstances under which you are not limited to workers’ compensation after a workplace injury. Workers’ comp is generally the exclusive remedy for workers injured either on their own or due to the actions of a supervisor or coworker. However, if you are injured as a result of the actions of a third party, meaning someone outside your company, you might be eligible for additional damages.
If you are injured, for example, in a car accident while on a work-related task, you can still bring a claim against the at-fault driver (so long as that driver does not also work for your company). Likewise, if your injury was caused by the negligence of a third-party contractor (for example, the company that loaded your delivery truck), then you can bring a claim against that contractor. You may also have a claim against a third party if you suffered injury as a result of a defective product you used at work; you can bring a claim against the manufacturer of that equipment.
If you are able to bring a claim against a third party, you are not limited to the damages available under workers’ compensation. Instead, you can sue for pain and suffering, emotional distress, disfigurement, and even punitive damages under the right circumstances. Your California work injury attorney can walk you through your options for recovery after your work-related injury.
Call us Today for Seasoned Legal Help With Your Southern California Work Injury Claim
If you or someone you care about has been hurt in an accident at work in Southern California, the dedicated and talented work injury legal team at the Halpern Law Firm is here to help. We fight to get you the compensation you and your family deserve. Call us at (818) 785-5999 today for a Free No-Risk Confidential Consultation. These cases are handled on a contingency basis, meaning you won’t be charged any attorney’s fees unless we win.