Can I Sue My Employer for Pain and Suffering?

cartwrightlaw - October 5, 2024 -

If you’ve been harmed at your job, you may find yourself asking, ‘Can I sue my employer for pain and suffering?’. In most cases, the answer is no because California’s workers’ compensation system is designated to cover medical bills, lost wages, and disability. Still, it does not repay for non-economic damages. However, there are exceptions, and pursuing a lawsuit may be possible in certain situations. At The Cartwright Law Firm, Inc., we understand that fighting for your rights after a workplace injury can be overwhelming. We’re here to help you explore all of your options and make sure you get the settlement you deserve.

In this blog, we will explain the conditions under which you may sue for emotional distress, the basics of the reimbursement system, and when filing a lawsuit might be an option.

Can You Sue for Work-Related Injuries?

Under the state’s law, workers’ benefits generally bar litigation for work-related injuries. The system operates on a no-fault basis, meaning you don’t need to prove your employer’s negligence to receive benefits. This ensures that affected personnel can quickly get medical treatment and partial wage replacement without needing to sue their organization. Nonetheless, it only covers specific damages, leaving out emotional anguish.

Since it is limited, employees often ask if they can sidestep the system to charge for additional compensation. While the system is usually the sole remedy for work-related impairments, there are key exceptions that may allow a lawsuit.

About California Workers’ Comp

It aims to provide immediate benefits for injured laborers, including:

Coverage for healthcare treatment.
Temporary or permanent disability support.
Supplemental job displacement assistance if retraining is needed.
Death compensation for surviving family members.

However, workers’ comp does not offer payment for pain and suffering. It only focuses on covering essential costs related to the injury and does not address how it can impact your quality of life or emotional well-being. For a more detailed understanding of what the remuneration provides, you can refer to the Injured Worker Guidebook from the California Department of Industrial Relations.

Exceptions to the California Workers’ Comp Rule

There are exceptions to the rule that bar employees from suing their staff, allowing a lawsuit in specific cases:

Intentional Harm: If your superior intentionally caused you injuries or showed reckless disregard for your safety, you may have grounds to sue. An example might be a manager who forces you to work with unsafe equipment despite knowing the risks.
Third-Party Responsibility: If a third party caused your damage, such as a contractor or equipment manufacturer, you can file a claim against them. This allows you to seek additional damages.
Employer Without Workers’ Comp Insurance: California law requires operators to have insurance. If your company doesn’t have it, you may be able to take legal action against them directly for trauma.

Understanding whether your case falls under these exceptions can be complicated. An attorney can help review the details and determine whether a lawsuit is possible.

Benefits of a Personal Injury Lawsuit for a Work Incident

Filing these types of prosecution provides benefits including:

Compensation for Pain and Suffering: It allows you to recover non-economic damages, including physical and emotional affliction.
Emotional Distress: If your circumstance has caused significant mental health challenges such as anxiety or depression, you can seek indemnification.
Loss of Enjoyment of Life: If the event has negatively impacted your ability to enjoy activities or daily life, you can submit a request and seek payment for this loss.

A lawsuit can result in far greater remuneration than what workers’ comp provides, especially if your impairment is severe. You can learn more about personal injury claims through California’s Guide.

Injured at Work? Call an Attorney

If you’ve suffered work-related harm, it’s essential to understand your legal options. While labor benefits offer essential protection, it doesn’t address psychological turmoil. If your misfortune was due to intentional harm or if a third party was involved, you may be eligible to file a prosecution and seek additional coverage.

Navigating California’s workers’ comp and personal injury laws can be burdensome. A qualified attorney can help determine if your case qualifies for an exception and advise you on the best legal strategy.

Claim a Free Consultation With Our California Personal Injury Lawyer

At The Cartwright Law Firm, Inc., we are devoted to assisting injured employees in the city and the surrounding areas in securing the compensation they rightfully deserve. Think you might have grounds to sue your employer for pain and suffering? Contact us for a free consultation with an experienced Vacaville personal injury lawyer to explore your options and get the guidance you need. Call us at (415) 851-6486 or visit our website to discover more about how we can help you.