5 Exceptions to the Workers’ Comp Exclusive Remedy Rule (Part 2)
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#3. Employer Assault or Ratification Exception to Workers Comp Exclusive Remedy
If an employee is injured in a physical assault by another employee, the employer is not generally liable. However, if the employer participated in the assault, or “approved” of the assault either directly or indirectly (by turning a blind eye to the potential threat), a civil suit may be brought against the employer.
#4. Power Press Exception to Workers Comp Exclusive Remedy
Most power tools used on the job are designed with some degree of safety measures. Power presses, for example, have a built-in guard that keeps operators safe from harm. These guards have a downside, however – they tend to reduce productivity and efficiency because it makes the machinery slower to operate. Some employers have removed the guard, or neglect to install the guard at the point of operation, which puts the worker at risk of serious damage to the hand or arm, including severe nerve damage and amputation.
If an employer willfully removes a protective guard or ignores the fact that the guard is missing or nonoperational, the employer is civilly responsible should an injury occur to an employee.
#5. Uninsured Employer Exception to Workers Comp Exclusive Remedy
Workers’ compensation insurance is required under California law. If an employer fails to provide such coverage and an employee becomes injured on the job, the employee may bring a civil claim against the employer. California law allows an employer to either secure workers’ compensation coverage by purchasing a policy from an authorized insurer or by obtaining a certificate of consent to self-insure from the state. If they fail to do one or the other, an injured employee can initiate a civil suit against the employer.
Long Beach Workers Comp Attorneys
Workers’ compensation provides valuable benefits to an injured employee, but it is limited. In many cases workers’ comp benefits may be insufficient to fully compensate the worker for what he or she may have lost as a result of the injury.
California employees should not automatically assume that workers’ compensation is the only remedy they have when injured on the job. As we have discussed, here are exceptions – but the laws in this regard are complicated. That is why it is important to seek the advice of an experienced workers’ compensation attorney to consider other potential avenues of recovery.
If you were injured in the workplace, our Long Beach workers’ compensation attorneys are happy to review the facts of your case. We will fight to help you obtain the maximum compensation for which you qualify, including exploring exceptions that may exist that would also allow you to also bring a separate civil lawsuit.
Free Workers’ Comp Attorney Consultation: 800-964-8047