Attorney Esequiel Solorio is a certified specialist in workers’ compensation law as certified by The State Bar of California Board of Legal Specialization.

When can I sue my employer for a work injury?

On Behalf of | Oct 4, 2018 | Workplace Injuries

When a person is injured in the workplace, the procedure is usually quite standard because claims go through the workers’ compensation procedure. This typically means that an injured worker will simply fill in a form, and their owed compensation will be calculated once this claim has been made.

However, in more extreme circumstances, an employee may feel that their employer was extremely negligent and that they were responsible for the incident. In a case such as this, an employer will likely feel motivated to take legal action against the employer in addition to claiming workers’ compensation insurance.

What can I do to hold my employer responsible?

The state of California manages workers’ compensation claims and regulations within the state. Generally speaking, you should follow the entire workers’ compensation process through before making any type of appeal. For example, if you are dissatisfied with the amount of workers’ compensation that you received in the state of California, you should first make an appeal to the special workers’ compensation board before taking further action.

It is also important to note that whenever a person is injured in the workplace, the employer in question must notify the Occupational Safety and Health Administration (OSHA) within 8 hours if there has been a fatality, and within 24 hours if a worker has been hospitalized. The OSHA will then conduct an investigation.

If you believe that your employer has not been held accountable for the lack of regard for safety they exhibited, you should learn more about your legal rights and consider taking action in California.