Legal Question in Workers Comp in California

no you cannot sue the employer. you are entitled to file a comp claim. if you were assualted, then you need to file a complaint with the police, who can then bring charges is necessary

I can easily think of reasons why you would be able to sue your employer, depending upon the facts of the incident. So, to rule this out without knowing more than what you provided is premature. That being said, how you were assaulted, the type of work you do, etc., is necessary to advise you further.

If you would like to provide more information so I may advise you properly, feel free to contact me.

Regards,

Bryan

Becker Attorneys

619.400.2919

[email protected]

You can sue the customer because they are not an employee of your employer, but since the assault was intentional they would have no insurance coverage and most people do not have sufficient assets to make it worthwhile to sue them directly. If your employer put you in a dangerous situation, you might be able to make a WC claim for serious and willful misconduct.

You may sue your employer in a worker's compensation lawsuit regardless of your employer's fault, The advantage of filing for worker's compensation lawsuit (called WCAB application) is you may receive temporary disability benefits while you are treating and all your medical expenses are covered and paid by the worker's compensation carrier. You will be entitled to a settlement for permanent disabilities. We had many cases like yours statewide. Feel free to call us at 213.388.7070 for a free consultation.