Can I sue my employer?

Can I sue my employer in civil court for my work injury?

A great question which deserves an attorney’s favorite answer, it depends…..

Under the state Constitution, California’s workers are protected in almost all cases by the workers compensation bargain.  Employers must have insurance to cover work injuries and are shielded by limits on settlements and the restriction that their employees cannot sue them in Civil courts.  In turn, workers are guaranteed that they will receive medical treatment for their injuries and enumerated benefits paid to them while they recover.  This bargain is widely  referred to as the Exclusive Remedy rule.

In Fermino v. Fedco. Inc. (1994) 7 Cal.4th 701 the CA Supreme Court laid out the limited exceptions to this exclusive remedy.  In that case the court focused on instances where “ the employer stepped out of [it’s] proper role or engaged in conduct of questionable relationship to the compensation bargain”.  Specifically, “ those classes of employers criminal conduct against the employee’s person by means of violence and coercion…. Violate the employee’s reasonable expectations and transgress the limits of the compensation bargain”.

Bottom line, it’s never easy to break out of the exclusive remedy of the worker’s compensation system, but plaintiffs who can show violence, coercion, false imprisonment, and other acts that are outside of the employer/employee relationship may succeed.

Every case is different. Call us a for a free consult and analysis of your case.

José Borrego

Attorney

(916) 446-4911

Joseborregolaw.com