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Work Comp Videos

Can you sue your employer for negligence as an injured worker?

I answered a similar question last month here, but this month’s subject matter is different because it’s more specific. In particular, we’re dealing with the issue of negligence. What is negligence? To put it simply, negligence is an accident. Negligence can be attributed to an injured worker’s actions, an employer’s actions, neither, or both.

Can you sue your employer if you have an accepted workers’ compensation claim?

General Rule: No, you can’t sue your employer outside of the workers’ compensation system if you’re injured at work. Why? Because, back when the California legislature was developing the workers’ compensation scheme, there was a “give and take” of employees and employers. The employees got to have a more efficient system that was designed…

Why You Shouldn’t Listen to Work Comp Commercials

When you hear radio commercials or see t.v. ads about people who have used a particular firm for a workers’ compensation case, be careful. Think critically about these commercials. What happens when there is a work comp ad is that a firm’s client who received some sort of settlement is being paid to be a part of the firm’s commercial. Then the client typically says something like this: “I was injured at work and then I hired X Law Firm and got $XXXX.”

Can You File a Work Comp Claim for Stress?

Can you file a workers’ compensation claim for a psych injury, anxiety, depression, or stress issues? The short answer is, it depends. This is frustrating, I know. But let me explain.
Generally speaking, in California, if you’ve been injured within the last few years, you cannot file a psych claim if the reason for it is based on the fact that you have a physical injury.

Helpful Resources

CA Workers' Compensation Appeals Board Applicatoin For Adjudication of Claim . Fill this out to file appeal a denied claim.
Schedule For Rating Permanent Disability . This is how a work comp settlement is calculated.
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