Los Angeles Workplace Injury Lawyer

The prerequisites to claim workers’ compensation are codified in California Labor Code sections 3600 and 3602. Here are some of the most important parts of it (abbreviated in plain English):

California Labor Code section 3600

(a) Liability for compensation, without regard to negligence, exists against an employer for any work-related injury or fatality of an employee if it was the proximate (the most important) cause of death. It’s subject to the following conditions:

1. Where, at the time of the injury, both the employer and the employee are subject to the compensation provisions of this division.
2. Where, at the time of the injury, the employee is performing job-related duties.
3. Where the proximate cause (main cause) of the injury is due to the employee being employed by the employer. It does not matter if either party acted negligently.
4. Where the injury is not caused by the intoxication, by alcohol or the unlawful use of a controlled substance, of the injured employee.
5. Where the injury is not intentionally self-inflicted.
6. Where the employee has not willfully and deliberately caused his or her own death.
7. Where the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.
8. Where the injury is not caused by the commission of a felony, or a crime by the injured employee, for which he or she has been convicted.
9. Where the injury does not arise out of voluntary participation in any off-duty recreational, social, or athletic activity that’s not a part of the employee’s work-related duties. That is unless these activities are reasonably expected (expressly or implied) by the employer.

If you have any questions, don’t hesitate to contact a workplace injury attorney.

In order to succeed with a personal injury claim, the plaintiff typically has to prove that the defendant was negligent. There are exceptions in California, such as product liability claims, that don’t require the plaintiff to prove negligence.

In workers’ compensation cases, injured workers do not have to prove negligence or that their employer was at fault. This makes it much easier to claim compensation under workers’ compensation than is the case in a personal injury lawsuit.

However, you can typically receive more compensation in a personal injury lawsuit than under workers’ compensation. For example, workers’ compensation won’t compensate you for pain and suffering, but you can claim for it in a personal injury lawsuit.

Since you can often obtain more compensation in a personal injury lawsuit than filing for workers’ compensation, a common question is if you can choose between them. The short answer is no.

In principle, you cannot file a personal injury lawsuit against your employer for work-related injuries.

As per California Labor Code section 3602, California follows an “exclusive remedy rule” for job-related injuries. Section 3602 (a) states:

“Where the conditions of compensation set forth in Section 3600 concur, the right to recover compensation is, except as specifically provided in this section and Sections 3706 and 4558, the sole and exclusive remedy of the employee or his or her dependents against the employer.”

The keywords are “sole and exclusive remedy.”

Note that there are a couple of exceptions. For example, when an employee is physically assaulted by an employer and sustains injuries as a result (California Labor Code section 3602(b)). In such cases, the employee can file a personal injury lawsuit against the employer.

To learn more about possible exceptions and if they apply to you, contact an experienced workplace injury lawyer.

The short answer is yes. Although you can’t file a personal injury lawsuit for work-related injuries in California (except for a few exceptions) under the exclusive remedy rule, you can file a personal injury lawsuit against a third party.

Third parties claims include:

• Product liability claims against manufacturers, distributors, importers, or retailers.
• Premises liability claims against negligent landlords.
• Negligent contractors or subcontractors.

You can also claim for injuries sustained outside the workplace due to the negligent behavior of another party while you were performing job-related duties. It includes:

• Car accidents
• Dog bite injuries
• Slip & fall accidents
• Bus accidents
• DUI accidents

Workplace injuries or work-related injuries can get very complex. For professional and expert advice, call Cohen & Marzban at (310) 880-4555. One of our workplace injury lawyers will gladly assist you.