Generally speaking, employees cannot sue their employers for injuries sustained at work, although some specific types of on the job injuries might warrant a lawsuit. Instead, people who are injured at work can try to obtain workers' compensation. The workers' compensation system is designed to ensure that injured employees will receive fixed monetary awards for their work-related injuries or illnesses without having to take such claims to court.
Workers' compensation applies to persons who are either injured on the job, or are suffering from an illness or disease related to their line of work; they do not necessarily have to be injured at work to be eligible to receive workers' compensation. Unlike a personal injury claim or lawsuit, workers are not required to prove fault on the part of the employer to receive workers' compensation, they need only prove that the injury was work-related. Employers usually carry workers compensation insurance to compensate employees for work-related injury & illness claims, and typically have this type of insurance on reserve just in case an employee is injured.
As many individuals in Simi Valley, Thousand Oaks, and Oxnard discover, obtaining workers' compensation can be complicated. There are specific procedures which must be followed when a worker has been injured or dies because of work-related activity, which is why it can be helpful to have a personal injury lawyer helping throughout the process. Recent changes to California workers' compensation laws restrict the types and extent of benefits that can be awarded to employees who suffer from work-related injuries and illnesses. Considering all the bumps in the road when trying to obtain workers' compensation, it is a good idea to have representation from an experienced personal injury attorney who will protect your rights and look out for your best interests at all times.