When you’re injured on the job in California, you’ll probably be informed that the only compensation you qualify for is the workers’ compensation provided by your employer’s insurance company. While this is the general rule in California, there are a number of situations where you may be able to sue for damages other than conventional workers’ compensation benefits:
- If you were injured by a toxic substance, defective product, or defective equipment
- If you were injured because of your employer’s intentionally negligent or hostile conduct
- If your employer does not carry workers’ compensation insurance
- If a third party, such as an automobile driver, directly caused your injury
When a worker is injured by a toxic substance or a defective product, the worker can usually sue both the manufacturer of the substance or product and any manufacturers of safety equipment that failed to prevent the injury.
Workers’ compensation provides minimum benefits to injured California workers, but temporary and permanent disability payments through workers’ compensation are barely sufficient and do not compensate for pain or suffering. Additionally, workers’ compensation does not punish employers – or provide punitive damages – for hazardous working conditions. That’s why injured workers need to know they have a right to pursue damages apart from workers’ compensation.
If you’ve been injured on the job in California, an experienced personal injury attorney can evaluate your case, explain your options, and guide you through the difficult legal landscape. Don’t hesitate; if you’ve suffered a workplace injury, you may be able to pursue damages beyond your workers’ compensation benefits. Protect yourself and contact a good personal injury lawyer as quickly as possible. In the San Diego area, if you or a member of your family has been injured in a workplace accident, contact experienced personal injury attorney Gary Sernaker at (858) 509-0188, or email him at Gsernaker@gmail.com to discuss your rights and options under California law.
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