Legal Question in Workers Comp in California
Can I sue?
I went to use the facility in the building I work. The bathroom has two stalls. The day I went to use the bathroom, the stall I normally use, did not have any toilet paper. So, I opted to use the other stall.
As I turned to lock the door, I began to slip. I caught the stall walls to avoid the fall, but I tweaked my back severely and kinked my neck.
I went to report the incident and one secretary told me that that toilet had been leaking for two weeks and she even slipped once.I then reported to the Principal's secretary and she also said that same thing. She said that she had told the custodians to keep it wiped up and also had submitted a work order 10 days prior.
Still, why was there not a sign posted until the plumber came to repair?
The outcome is that my back is going through a major muscular strain and am being watched closely since I have had a previous back injury.
My life has completely changed since I cannot exercise, my work is affected, my personal life is not the same.
I am going through worker's compensation, but still feel hassled by my employer.
My question is: Can I sue my employer for gross negligence?
1 Answer from Attorneys
Re: Can I sue?
Yes, the Labor Code states that the empoyer shall indemnify an employee for injuries caused by the employer's want of ordinary care. The benefits of a civil suit conjunctly with a worker's compensation claim is that medical, 2/3 of wages for lost earnings and permanent disability is covered by the worker's comp claim and the pain and suffering compensation and remainder of lost earnings are covered by the civil suit. Please call me directly at (619)_222-3504.
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