Who Do I Sue for a Work-Related Injury?

San Jose business law

Our San Jose Lawyers Discuss Work Injury Cases and Compensation

If you are injured at work, who is liable? Our San Jose attorneys have some suggestions for those experiencing work-related Personal Injuries to help them receive justice and compensation for their damages and injury. Is it time to sue your employer?

Our Bay Area Personal Injury Attorney offers the following tips for those that have suffered injuries at work:


Workers Compensation Coverage

Many states command that employees injured on the job must file for workers compensation insurance for their damages. This frequently provides immunity for the employer in many regions, including California. If your employer doesn’t maintain workers compensation insurance check out the situations that merit pursuing a lawsuit next.


Situations to Sue

There are some instances when an employee may sue their employer. Some of these situations include the following: 


  • You may be able to sue if your employer doesn’t carry workers compensation insurance for you, which would normally cover work-related injuries. As mentioned, the law in many states dictates that employees are covered by this safety-net.

  • If your employer tries to conceal your injury from you or if the employer knows that there is a dangerous workplace that impacts the employees- such as toxic mold and subsequent respiratory illness.

  • You can sue the employer if you are physically assaulted by them- or by another employee at the same company. If your employer witnesses the incident and fails to properly protect you, they may be held additionally responsible for damages.

  • If you are injured on the premises while not working, you may also sue your employer.


Perhaps the best thing to do is consult with a San Jose Personal Injury Attorney to determine if your suit is worth pursuing and if you are eligible to sue your employer. There are time restrictions and red tape that can be made much easier when you have a legal representative and some guidance through an often-difficult process.


Contact a Bay Area Attorney As Soon As Possible

Have you suffered a work-related injury? Talk to the legal professionals at Farling, Hecht & Davis, LLP, a San Jose, CA law firm, to learn more about seeking legal aid for your injury and damages. Contact us online anytime to schedule a free consultation.