Who Else Can I Sue?

One of the questions I am often asked by new clients is whether they can sue anyone else for their injury. In many cases, there is no one else who can be sued. However, there are additional claims that can be made within workers’ compensation system. These additional claims are: (1) discrimination under labor code section 132a, and (2) a claim for serious and willful conduct by the employer. In order to pursue either of these two additional claims against your employer a Petition must be filed with the Workers’ Compensation Appeals Board, which specifically spells out what you are alleging.

Labor Code § 132(a) indicates that employers cannot discriminate against injured employees. There are many ways that an employer can discriminate against an employee that is injured at work. These includes being demoted or fired because of the injury. In addition, if an injured employee is treated differently than other employees this could be potential grounds for a claim under this section. For instance, if an injured worker was not given the same raises as other employees.

In order to determine whether or not you should file a Petition under Labor Code § 132(a) it would be in your best interests to speak with an attorney who specializes in workers’ compensation claims. You would also want to know if you could also sue for discrimination in the civil courts in addition to filing a claim for 132(a).

2. Serious and Willful Misconduct

A claim for Serious and Willful Misconduct is made by filing a Petition with the Workers’ Compensation Appeals Board that spells out how the employer was aware of the situation that caused their injury prior. In order to prevail under this section it is necessary to show more that mere negligence on the part of your employer. Rather, it must be found that the employer knew or should have known that your injury was likely because of their action or inaction. I highly recommend that you speak with an attorney who specializes in workers’ compensation to determine whether or not it is best to pursue this type of claim.

Claims Against Others

Although you can not sue your employer in civil court because of your work injury, there may be other potential lawsuits related to your workers’ compensation. For instance, if you are injured during a car accident while working, you can pursue a civil lawsuit for negligence against the other driver. Another type of negligence suit occurs sometimes in construction accidents. If you are injured at a construction site and someone causes the injury other than your employer, you can sue that person or company in the civil courts. In order to determine the merits of a civil case it would be best to speak with an attorney who specializes in both workers’ compensation and personal injury like myself. This is because there are many overlapping issues between the workers’ compensation and the negligence case that only a lawyer who specializes in both areas of law can deal with. If you were involved in a work injury and believe you have a case against someone else as well, I strongly encourage you to complete the Free Case Review and I will review your situation.

In addition to these types of cases, there are many other potential lawsuits related to a workers compensation case. For instance, you may have a claim against a doctor due to medical malpractice. You might have a claim against your employer under the American Disabilities Act. You may have a discrimination or wrongful termination action against your employer in addition to your rights under workers’ compensation.

In the event that you believe any of these other types of lawsuits are involved in your case, it is important that you speak with an attorney who specializes in this area of law as soon as possible. I recommend that you contact the San Diego Trial Lawyers Association at 619/696-1166 and request the names and numbers of some attorneys to help you with your potential case. There are statutes of limitations in every area of law. In essence, what this means is that you have only a limited amount of time to protect your rights. If you fail to seek the advice of an attorney you could potentially loose your rights. So contact an attorney as soon as you have a legal question.

All material © 2000 The Law Office Of Jeffrey Segal

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