Personal Injury Laws Governing Workplaces in California
May 9, 2019
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
There are five major situations where the employee is
allowed to sue his or her employer for an injury incurred at the workplace.
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
The employee getting
injured by a product made by the employer, at a time when he or she is not at
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.
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