Can you sue your employer if you are injured at work? Yes, you can. Normally you cannot sue your employer. But you can file a workers’ compensation claim. But there are exceptions to that rule where you can actually sue your employer in civil court.
In California, one of those exceptions is called the “Power Press” exception. It can be found in Labor Code section 4558. It says that if an employer removes a guard or fails to install a guard at the point of operation and this causes the employee to be injured then the employee can file a civil suit against the employer.
We handled a case like that a few years ago. Our client was a young man who worked at a welding company. He was a parts fabricator. His job that day was to use a machine to bend 6 foot long by 6 inches wide metal strips. One of the strips was not properly aligned so he reached into the point of operation to realign the part. But he mistakenly activated the press brake with his foot control. The machine engaged and crushed both his hands causing him to lose 6 fingers.
We discovered that the manufacturer of the machine required guards to be installed on the power press of that machine and that our client’s employer was notified. But they failed to put any guards on. The guards would have prevented this injury.
Our client was able to recover workers’ compensation benefits and we were also able to get him compensated for the loss of his fingers.
At Guenard & Bozarth, LLP, we routinely handle severe and catastrophic injuries that have a profound effect on people’s lives. We have more than 60 years of experience representing injured people. We would be honored to represent you. We are totally committed to each client’s case because each client has a special story to be told. Call us anytime at (889)809-1075 or visit www.gblegal.com.