Brain injuries at work: Can you sue beyond workers’ comp?

In most cases, workplace injuries are covered by workers’ compensation, which provides benefits for medical expenses and lost wages regardless of fault. However, you may wonder if you can pursue additional legal action beyond workers’ compensation in cases of negligence or misconduct. The answer is yes—under certain circumstances, you may file a workers’ compensation claim and pursue a third-party lawsuit for further damages.

At Ernst Law Group, our California brain injury lawyers are dedicated to helping brain injury victims explore all available avenues for compensation. Our outlines when you can sue beyond workers’ comp, the types of claims you can pursue, and the legal process under California law.

Understanding workers’ compensation for brain injuries

Workers’ compensation is a no-fault system designed to financially support employees injured on the job. It covers:

• Medical expenses: Including hospital stays, surgeries, rehabilitation, and ongoing treatment.
• Temporary disability benefits: Compensation for lost wages while recovering from the injury.
• Permanent disability benefits: For injuries that result in lasting impairments, including traumatic brain injuries (TBIs).

While workers’ comp benefits are essential, they often fall short in covering the full range of damages, such as pain and suffering or loss of quality of life. This is where third-party claims may come into play.

When can you sue beyond workers’ comp?

In California, you generally cannot sue your employer directly for workplace injuries due to workers’ compensation’s exclusivity rule. However, there are exceptions and circumstances where you may pursue additional legal action.

Third-party liability

If a third party’s negligence caused or contributed to your brain injury, you may file a personal injury lawsuit against that party. Examples include:

• Contractors or subcontractors: If a subcontractor on your worksite caused the accident through negligence.
• Equipment manufacturers: If a defective tool or machine led to the injury, the manufacturer may be held liable under product liability laws.
• Property owners: If hazardous conditions on a property led to your injury, the property owner may share liability.

Intentional harm

If your employer or a coworker intentionally caused your injury, you may file a civil lawsuit. Intentional acts fall outside the scope of workers’ comp protections.

Violation of safety regulations

Employers who knowingly violate safety laws or fail to address hazardous conditions may face additional penalties or lawsuits. For example, if your employer ignored California’s Occupational Safety and Health Act (Cal/OSHA) requirements, you may have grounds for legal action.

Filing a third-party claim for a work compensation case brain injury

If you are eligible to sue beyond workers’ comp, filing a third-party claim involves several steps.

1. Determine liability – Your attorney will investigate the circumstances of your injury to identify all potentially liable parties. This may involve reviewing safety records, inspecting equipment, and interviewing witnesses.
2. Gather evidence – Strong evidence is critical for proving negligence or liability. Key evidence may include medical records, incident reports and photographs from the accident scene, and testimony from coworkers or safety experts.
3. File the claim – Your attorney will file a personal injury lawsuit against the responsible party. Unlike workers’ comp claims, personal injury lawsuits allow you to seek broader damages, including pain and suffering, emotional distress, and loss of enjoyment of life.

Compensation for brain injury victims

By pursuing a third-party claim, you may recover damages not available through workers’ comp, including:

1. Non-economic damages: Pain and suffering, emotional distress, and loss of companionship.
2. Punitive damages: In cases of gross negligence or intentional misconduct, courts may award punitive damages to deter similar behavior.

How Ernst Law Group can help

At Ernst Law Group, we have extensive experience representing brain injury victims in both workers’ comp and third-party claims. Our team will:

• Investigate your case to identify all liable parties.
• Gather evidence to build a strong claim.
• Negotiate with insurance companies or take your case to court if necessary.

We are committed to helping you secure the full compensation you deserve for your injuries.

Contact Ernst Law Group for a free consultation

If you’ve suffered a brain injury at work and believe you may have a claim beyond workers’ comp, contact Ernst Law Group today for a free consultation. Our experienced attorneys will guide you through the legal process and fight for your rights.