Workplace Injuries

An employee injured on the job in California is generally limited to seeking recovery by filing a workers compensation claim. This means he or she cannot sue the employer in civil court.

However, there are five primary exceptions in which an employee can sue the employer for a workplace injury. These are situations where:

• the injury is caused by a willful physical assault by the employer
• the injury is aggravated by something related to employment that the employer fraudulently conceals,
• the employee is injured by a product made by the employer but the employee is not acting as an employee when he gets injured, known as “dual capacity,”
• the injury is from an improperly set up power press machine, or
• the employer does not carry workers’ compensation insurance when the injury occurs.

We invite you to contact us at Made Law Group.