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Can you sue your employer if they don’t have workers’ comp?

On Behalf of | Jan 20, 2021 | Workers' Compensation |

In the state of California, most employers are required to carry workers’ compensation insurance. This means that employees can collect compensation if they’re injured on the job. However, there might be times when workers’ compensation isn’t an option. If that’s the case, you might need to file a lawsuit to get the compensation that you deserve.

When can you sue your employer after an injury?

When you collect workers’ compensation, you waive the right to file a lawsuit against your employer. However, some employers neglect to carry workers’ compensation insurance even if they’re required to do so by law. If that’s the case, you can’t collect workers’ compensation benefits, which means that you have the right to sue the company.

If you sue your employer, you may be able to include medical bills and lost wages in the amount of damages that you’re seeking. You might also be able to claim emotional pain and suffering as well as recklessness on the employer’s part that caused the injury in the first place. Overall, you’ll be able to claim more damages with a lawsuit than you would if you received workers’ compensation.

How can you file a lawsuit?

If you’re thinking about filing a lawsuit, it’s important to talk to an employment law attorney before you take any kind of action, including telling your employer about your intention to file a lawsuit. Your attorney may advise you as to whether you have the grounds for a lawsuit.

When you’ve been injured, it’s important that you get compensation as fast as possible to prevent financial hardship. An attorney may help you pursue legal action against your employer to collect the damages that you’re owed. You might be able to sue for lost wages, pain and suffering or wrongful termination.