Legal Question in Workers Comp in California
Work related injury
Can you still file a lawsuit against an employer for a work related injury if you are not currently employed by them? The injury did occur while employed by this company. Workmans comp. was recieved by employee for three months. Injury was a back injury and it is permanent and is getting worse. The employee got a doctors realease so he could continue to work. Workmans comp. checks were not enough to live on. The empoyee then returned to work for the employer. The employer treated the empoyee badly and stated that if something like the incident was to ever happen again they would fire him.They wrote him up for the injury. The employee could not take te abuse from the employer so he quit and found anotherjob. But the employees injury is hurting him and is affecting his ability to work. Is the employee entitled to further compensation?
1 Answer from Attorneys
Re: Work related injury
You may have a civil action for medical condition discrimination or retaliation based upon your work related injury. This is in addition to your work comp claim. You may also have the basis for a second work comp claim against the same employer.