Personal Injury Laws Governing Workplaces in California
If an employee is injured while working a job in California, they are usually entitled to seek justice by filing a workers’ compensation claim. This actually implies that they are not capable of suing the employer in a civil court. It is advisable that they approach an injury attorney in Los Angeles for comprehensive legal guidance on the issue. Below is a discussion regarding the laws applicable to people in California for injuries which they suffer at their workplaces.
There are five major situations where the employee is allowed to sue his or her employer for an injury incurred at the workplace. These are:
- An injury caused by the employer through a deliberate physical assault.
- An injury which is worsened by something regarding the job which the employer conceals from the employee.
- The employee getting injured by a product made by the employer, at a time when he or she is not at the job.
- The cause of the injury is a wrongly set up power press machine.
- If the employer does not have a workers’ compensation insurance during the occurrence of injury.
Workers’ Compensation Vs Civil Lawsuits in California Workplace Injury Cases
Work injuries come under the governance of a different system from the civil court. This is the only way to recover losses for an employee hurt at work. Although this system favors the employee, it does come at a cost. These are no-fault, which means there is no need to prove that the employer is at fault. Instead, the employees have to give up the power to sue their employers in return for nearly certain benefits.
The employer must have workers’ compensation insurance. This is to make sure that the timely benefits are provided to the employees. The cost of the insurance policy would be borne by the employer. Besides, the payment made to the injured employee is taken care of by the insurance company.
There is yet another downside to the workers’ compensation system. The benefits attainable cover diminished earning capacity if the injury caused permanent mental or physical damage, medical bills, wage loss, retraining benefits, and death benefits. The available benefits are restricted by regulations set in place by the Department of Industrial Relations, as stated in the Permanent Disability Rating Schedule.
If a worker picks up an injury at the workplace in California, there are many ways in which they can claim compensation. However, there are certain limitations, like their inability to sue the employer in the civil court. It is, therefore, recommended to visit an injury lawyer first for sufficient clarity regarding such cases.