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When Can You File a Personal Injury Claim for a Work Accident?

• Posted by Robert Bohn November 28, 2018 - Filed in Business - #San Jose Personal Injury Attorney  - 1,641 views

  Workplace accidents are more common than you might think, but getting compensation is possible. There’s workers compensation, which most employers in California are mandated by law to carry. It should cover most minor workplace injuries. But are there other ways to hold those responsible for your work injuries to account for them?

  When You Can Sue for an Injury That Happened at Work

  In most cases you aren’t allowed to sue your employer when you’ve been hurt on the job. This is because of laws surrounding workers compensation. Work comp was created to protect injured workers financially if they’re hurt at work; however, the tradeoff for that protection and peace of mind is that you can’t sue your employer for damages.

  There are exceptions, naturally, and here they are. You can sue for a work-related injury in the following circumstances:

  • Your employer attacked you or caused your injuries intentionally.
  • If the negligence is considered extreme, then you might be able to sue.
  • A third party caused your work injury. For instance, a contractor working at your building drops something on your head.
  • If a defective product hurts you, then you might be able to file a claim against the manufacturer of the product.
  • If you’re involved in a car crash at your workplace, you might be able to sue the other driver or responsible party.
  • Your employer failed to provide adequate insurance for employees.

   

  Get Ahold of a Personal Injury Lawyer Today

  A work accident can cause devastation throughout your life. If your work accident was caused by gross negligence or by a third party or if your employer doesn’t have workers compensation insurance when they should, you can sue them for damages. Find out more about your case by talking with a personal injury lawyer today.

  You can reach us at Bohn & Fletcher, LLP by calling 408-279-4222 or by visiting our website. Claim your free consultation today—you’ve got nothing to lose.