Legal Question in Workers Comp in California

injury on job

I injured myself on ill maintained equipment on the job-an attorney told me I could not sue my employer for pain and suffering.True? I'm in california


Asked on 9/09/08, 1:34 pm

2 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: injury on job

If you need representation for your worker's compensation claim, please call us at 213.388.7070.

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Answered on 9/09/08, 8:51 pm
George Shers Law Offices of Georges H. Shers

Re: injury on job

Under Calofronia Workers' Compenstion law there is a trade off; in return for the employer having to pay WC benefits for all injuries resulting from work, whether or not the employer is at fault, the workers gives up the right, with a few narrow exceptions, to be able to sue a negligent employer. So you can not collect both types of benefits from your employer. If you were working for someone else and at the job cite of a third party you got injured, you might be able to sue the owner of the job site. In WC, there is no award for pain and suffering.

Does that answer your question?

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Answered on 9/09/08, 4:22 pm


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