Exclusive Remedy
Has a workplace injury left you with considerable medical expenses and other damages? You may file a claim to receive coverage from your employer’s workers’ compensation insurance policy; however, the benefits offered by the workers’ compensation system are limited, and you may be able to recover much more by suing your employer directly. To determine whether this is a viable option for you, reach out to an experienced Los Angeles workers’ compensation attorney.
At the Kenton Koszdin Law Office, we help injured employees explore the best options for recovery so they can get back on their feet and resume their lives in no time at all. Please contact our office today and we will make sure that you get the most out of your workplace injury case. You can call us at (818) 901-9999 or submit an online contact form. We are willing to come to your home to conduct a free, comprehensive consultation, if need be.
My Employer Does Not Have Workers’ Compensation Insurance
In California, employers are required to carry workers’ comp insurance (though employers who are self-insured may be exempt). Those who don’t are subject to substantial fines and penalties, and have no protection from an employee lawsuit in case of a workplace accident. If you have sustained an on the job injury and your employer does not have insurance, you may claim not only medical bills but also total lost wages and pain and suffering in an injury lawsuit.
Exceptions to Exclusive Remedy in Los Angeles
Under the law called Exclusive Remedy, injured employees are limited to workers’ compensation benefits if their employer carries a proper workers’ comp insurance policy, barring very limited circumstances, such as:
- Dual Capacity – An injured employee may sue his/her employer if his/her injury was caused by a defective product manufactured by the employer, or the employer assumes a separate legal role or obligation that is not normally imposed by the employer-employee relationship (e.g. owners who have shares in a corporate-owned restaurant may be held liable if an employee experiences a slip-and-fall accident since the employer, a corporation, is considered a separate entity from the owners).
- Fraudulent Concealment – This exception applies where an employer purposefully conceals an employee’s injury and its connection to the workplace whereby the concealment leads to aggravation of the injury.
- Employer Assault or Ratification – If an employer willfully assaults an employee or approves of/encourages the assault of the employee by another employee, then s/he may be held liable for all resulting damages.
- Power Press – Power press machines must have guards installed on them in order to prevent injury occurrences; otherwise, the employer may be held liable for any damages that result from the lack of guards.
If any of the above exceptions applies to your workplace injury case, get in touch with a reliable workplace injury lawyers as soon as possible.
We Will Fight for You
Attorney Kenton Koszdin and his associates are not afraid to take cases to court, even against the most powerful companies. If you deserve compensation from your employer for an on the job injury, we will do everything we can to help you get it. Contact our office today to learn more about what our firm can do for you.
