Legal Question in Employment Law in California

injury to disabled worker by gross neglect

I'm a schoolteacher, handicapped 8 years. Using handicapped railing at work (school), rail pulls from wall (screwed in by only 1'' screw into drywall), CalOsha says all I can do is make a report. Feds say all they will do is make sure that the incident won't happen again (Americans With Dissability Act). I have a workman's comp. attorney, but what about all the laws broken, the civil liberties ignored, the lack of responsibility for such neglect. In four days I'm having my second hip replacement since the incident...brought on by the fall at work. I had to go to my work insurance to pay for the hip surgeries...the school's workman comp. rejects any responsibility for my hip injuries...since I was disabled with hip problems when I was hired. Do I have any other recourse? (railing installed by school maintenance worker). Thank you.


Asked on 12/16/02, 2:41 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: injury to disabled worker by gross neglect

On job injuries are covered exclusively by WCAB. If you can prove gross and wilfully negligent, or intentionally discriminatory, conduct, which your facts don't seem to strongly support, there is third party liability possible. Contact another specialist WCAB attorney for a second opinion on why you are having trouble with liability and proof of your claim. If you were injured on the job, all your meds should be covered.

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Answered on 12/17/02, 2:57 pm


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