Legal Question in Workers Comp in California
I have a friend who works for a big chain home improvement store..one day he was stocking product he went to move some product (let's say 8 and 10 feet granite countertops) that was stack close by the emergency exit door he moved one trying to get to the right one in the process of moving one he looked back to make sure it was clear to walk backwards with the counter top in fear of hitting a customer...he felt a lot of weight so he looked back and about 12 to 15 countertops was falling towards him he could not push back and was forced to the ground being smashed...he was rushed to the hospital by ambulance suffering my a deep cut to his chin and abdominal wall contusion and a brused need....workers comp. took care of the bills but can he sue for pain and suffering....
1 Answer from Attorneys
Why is he not asking the question? No, the entire notice of Workers' Compensation is that the employer must provide certain benefits to the employee who is injured at work, no matter who is at fault or if there is any fault, in return for which the employee gives up, with a few exceptions, the right to sue the employer. In you friend's case, the employer probably is not negligent anyway.
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