May 19, 2020

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.

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn

INSURANCE COMPANIES KNOW US BECAUSE THEY’VE PAID OUR CLIENTS OVER $130 MILLION DOLLARS.

$2.9

MILLION

CAR ACCIDENT INJURY

Guenard & Bozarth llp obtained a $2,962,903 jury verdict in the Sacramento County Superior Court for plaintiff David Schoonover, who suffered head and neck injuries and fractures in a head-on accident on Roseville Road in Roseville on July 22, 2012

$300

THOUSAND

HAIR SALON INJURY

Guenard & Bozarth LLP recently settled a case for $300,000 involving a hair weave that went terribly wrong. Our client was a young lady, and aspiring model, who experienced pressure necrosis from a tight weave and it changed her life.

$500

THOUSAND

SLIP & FALL INJURY

Guenard & Bozarth LLP recently settled a slip and fall case for $500,000 a couple weeks before trial. The client slipped and fell on a wet piece of cardboard in a grocery store and sustained a serious shoulder injury that required surgery.

$300

THOUSAND

NEGLIGENCE INJURY

On February 13, 2013 Maricela, a Certified Nursing Assistant presented to Santa Barbara Cottage Hospital Emergency Room with complaint of neck and back pain. She was diagnosed with a neck strain and was given Ibuprofen and instructed to return if her symptoms did not subside.

YOUR STORY MATTERS TO US

Contact Preferences

How would you like to be contacted? Check all that apply.

This field is for validation purposes and should be left unchanged.
Never in my life did I think I would recommend an attorney. Somehow God sent this angel of an attorney to assist me in my personal injury lawsuit. I was told by lawyers in Bakersfield that my lawsuit was frivolous because there was money in it.

– Bill
Read More

I live in Elk Grove where we don’t always have a lot of choices. Lawyers are one area where we have few good choices. I wanted to work with a local law firm after my motorcycle accident, and I chose Glenn Guenard and Ross Bozarth.

– Lloyd
Read More

My daughter was involved in an automobile accident in an intersection on her 17th birthday. The other person said it was her fault and my daughter said her light was green. I am not the sort of person who sues but my insurance
– Sharon
Read More