Legal Question in Workers Comp in California

I know that It is legal to file a criminal lawsuit and subsequently a civil suit if needed. The question is such that can a party to a workers compensation claim also file a civil suit concurrently because of permanent damage sustained?


Asked on 7/04/11, 12:07 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You do not file a criminal suit; the D.A. on behalf of the community as a whole files criminal charges. With certain narrow exceptions, for an on the job injury you can not file a civil suit against your employer or co-employee [their hitting you, lacks WC insurance coverage, etc.]. Whether or not you suffered permanent injuries does not matter. You can sue however sue a third party [not your employer or co-worker] for causing yo to be injured.

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Answered on 7/04/11, 3:00 pm


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