Legal Question in Personal Injury in California
compensation
I was injured at work and I have a workers comp. attorney ,what other compensation, it is due to me . Should i sue the company ?
4 Answers from Attorneys
Re: compensation
Absent extraordinary circumstances not indicated in your question, you are limited to Workers Compensation.
Re: compensation
WC is a trade off. In return for getting payments intended to get you back into the labor market that even an employer who was not negligent must pay you, you are not allowed to sue your employer, with a few exceptions, even when they were negligent. You have not told us how you were injured so none of us can tell what other rights you have. Have you not discussed this with your WC attorney; many of them also handle personal injury cases and like it when a client has both types of claims. If you can not communicate with your present attorney you can switch to another one.
Re: compensation
You can't sue your employer unless there are rare circumstances. What you can do, and what you should do, is talk to your attorney about this. That is why you are paying him.
Re: compensation
If the injury falls within the scope of workers' compensation then you almost certainly can't sue your employer. But if other parties are at fault (even partially), you can probably sue them.