Maison Law helps injured workers in California, whether it’s through the workers compensation claims process or a civil lawsuit. You likely have many questions about what you can do, including whether or not you can actually go past a workers’ comp claim and into a lawsuit. The answer is yes, generally, but it’s important to be prepared. Our team can help you understand what you can do. Contact us today for a free consultation.
Are You Able to Sue Your Employer For Pain and Suffering?
It’s important to know what the difference is between a workers’ comp claim and a civil claim. While both can come out of a workplace injury, there’s a pretty substantial difference in what has to be shown for a viable claim.
In a workers’ comp claim, there’s no fault that needs to be shown. You can simply file for workers’ comp and then start receiving benefits. With a civil claim, though, you do have to show fault through negligence, which means showing that someone didn’t do what was necessary to keep you safe.
When you file a civil claim, though, you actually can’t recover damages for pain and suffering (at least not directly.) Rather, when you file an insurance claim or a lawsuit, you can recover things like:
- Lost income
- Lost earning potential or benefits
- Emotional distress, which addresses the mental toll the accident and your injuries have taken on you
- Reduced quality of life
One of the most important things to know about a civil lawsuit is that you have to file it within two years of your injury. If you don’t, you can’t file a claim or recover these damages.
When Can I Sue My Employer?
There’s generally two reasons why you would be able to file a lawsuit against your employer: if you’re injured in an accident that happened due to negligence or if you are being retaliated against. While the first area is fairly straightforward,–your employer has a legal responsibility to keep the work environment safe–it’s not as easy to recognize retaliation.
However, filing for workers’ comp is one of the more common reasons why your employer might target you. Retaliation takes many forms, but usually involves things like:
- Being demoted to a lower position, losing responsibilities, or being given less important work.
- Having your pay lowered or your regular work hours cut.
- Being left out of meetings, training, or workplace activities that you were previously part of.
- Getting assigned new duties or being moved to a different role that makes your job harder or less appealing.
- Being fired unfairly after filing for workers’ comp.
Retaliation often happens little by little. If you notice changes in how you’re treated after filing, it’s important to document everything and start preparing for what might come next.
What Can You Do to Protect Your Potential Claim?
Filing for workers’ compensation should not result in unfair treatment, and retaliation for doing so is illegal in California. However, proving retaliation requires evidence. Recognizing the signs and taking the right steps can help protect your rights. Here’s what you can do:
- Document everything – Keep a detailed record of incidents that feel retaliatory. Make sure to document dates, times, and descriptions of what happened. These records can serve as foundational evidence if you want to file a lawsuit.
- Report the retaliation – If you’re comfortable, report the issue to your employer’s HR department or your supervisor. Make sure to document the report, including when and how it was made.
- Talk to the Labor Commissioner’s Office – You can file a formal complaint with the California Labor Commissioner’s Office. This is the state agency that investigates retaliation claims and can take action to protect your rights.
No matter what the circumstances are, retaliation is illegal. So, if you’ve filed for workers’ comp and your employer starts targeting you, you have rights and options. But it’s also an incredibly confusing and even scary situation to be in. That’s where you can turn to our team at Maison Law for guidance and support.
Do You Need to Get a Lawyer?
If you’re in a situation where you need workers’ comp, you’re already facing a difficult situation. So, when your employer starts retaliating against you, it can make an already difficult situation much worse–potentially making it to where it’s impossible to go to work.
Maison Law will make sure your rights are protected and will help you through the complexities of retaliation cases. Here’s how our team can help:
- Explain your rights and options – We’ll look into your case to explain your legal protections and guide you on what to do next.
- Investigate your claim – We’ll gather evidence to show how your employer’s actions are connected to your workers’ comp claim.
- Strengthen your case – From collecting proof to filing the necessary paperwork, we’ll make sure your claim is solid.
- Negotiate for a fair result – We’ll stand up to your employer or their insurance company to seek a fair resolution for you.
Dealing with an injury is tough enough without retaliation. Our goal is to handle the legal side so you can focus on your recovery and moving forward. If you want to explore your legal options, contact us today for a free consultation.
