Under California law, like most states, when an employee is injured in the course of employment, as a result of the negligence of the employer, a co-employee, or the employee, the injured employee is not allowed to sue the employer for personal injuries in the Superior Court.
When a personal injury is caused by someone other than the employer, the injured employee can sue the third party in the Superior Court and simultaneously obtain workers’ compensation benefits.
Drivers injured on the job by the negligence of others or workers injured by defective/toxic products have both third party and workers’ compensation rights.
Under the California Workers’ Compensation statutes adopted by the Legislature, the injured employee’s only recourse is to file a workers’ compensation claim for benefits before a special administratiave agency – the Workers’ Compensation Appeals Board. These cases are heard and decided by an administrative judge. There is no right to trial by jury. Benefits available include, among others, medical care, limited disability pay, rehabililtation and retraining and a range of awards for permanent disability and death which are insulting low and insufficient. The gross inadequacies of the workers’s compensation system underscore the need to purchase disability income insurance from a private carrier.
On the positive side, workers’ compensation benefits are available even in cases where the employee through his/her own mistake or inattention causes his/her own injury. Workers’ compensation law, unlike civil courts, does not attempt to determine if someone’s fault caused the injury. Instead, because this body of law ignores the issue of fault, workers’ compensation cases focus on whether the injury was caused or incurred as a result of employment, the nature and extent of the injury, and the available remedies under this administrative law system.
Workers’ compensation cases are litigated by attorneys and adjusters for the employer or the employers workers’ compensation insurance company. The State Bar of California’s Board of Legal Specialization has certified specialists in workers’ compensation, some of whom are listed below. Those listed in capitals are personally known and recommended, but the choice and selection of a lawyer is a personal choice.
In very limited situations, an injured employee can sue his/her employer in the Superior Court in cases where the employer has failed to have workers’ compensation insurance, the employer intentionally injured the employee or knowingly allowed the employee to work in an environment that was known to the employer to be hazardous to the employee.
The most notorious example of the latter situation was the infamous misconduct of Johns-Manville Corporation.
JMC knew that its employees were being continually exposed to life-threatening asbestos, but never removed the employees from the hazard and never warned its employees that the company knew that it was subjecting its employees to major injuries, disease and death. As a result, many states now exclude such willful misconduct from the statutory protection, or the exclusive remedy, of workers’ compensation and allow such cases to be brought directly against the wrongdoer with damages awarded by a jury.
The California attorneys listed below are recognized as certified specialists by the State Bar Board of Legal Specialization. Those whose names are capitalized are known by the author as reputable professionals, but as always the selection of an attorney is a personal decision, which a client must make independently.
Daniel Abramson
1234 H Street
Sacramento, CA 95814
Linda Atcherley
2333 first Avenue, #201
San Diego, CA 92101
Steven Birnhaum
1255 Post Street, Suite 850
San Francisco, CA 94109
Melissa Brown
2315 Capitol Avenue
Sacramento, CA 95860
Joseph Capurro
944 Saratoga Avenue
San Jose, CA 95129
CHRIS CARLO
1625 The Alameda, Suite 401
San Jose, CA 95126
408.292.2003
Lawrence Drasin
1849 Sawtelle Blvd., Ste. 500
Los Angeles, CA 90025
David Dugan
2445 5th Ave., #350
San Diego, CA 92101
John Frailing
PO Box 3111
Modesto, CA 95353
Donald Gangemi
5620 Hilltop Drive
Paradize, CA 95969
Mark Gearheart
PO Box 23588
Pleasant Hill, CA 94523
Vernon Goldschmid
3345 Wilshire #600
Los Angeles, CA 90010
DON GREEN
1234 H Street
Sacramento, CA 95814
Marilyn Green
200 Pine Avenue, Suite 600
Long Beach, CA 90802
ARTHUR JOHNSON
481 North First Street
San Jose, CA 95112
Bernard Katzman
111 W. Ocean Blvd., 19th Floor
Long Beach, CA 90802
Laurence Lerner
141 N. Arrowhead Ave. #1
San Bernardino, CA 92408
Stanley Levine
600 B Street, Ste. 2300
San Diego, CA 92101
Euegene Leviton
200 W. Santa Ana, Suite 600
PO BOx 1644
Santa Ana, CA 92701
Todd McFarren
119 E. Beach
Watsonville, CA 95076
EMMETT O’BOYLE
245 West Laurel Drive
Salinas, CA 93906
Roy Otis
PO Box 23588
Pleasant Hill, CA 94523
Michael Ozurovich
3655 Torrance Bl., Suite 405
Torrance, CA 90503
Thomas Pegnim
3105 Lone Tree Way, Ste. A
Antioch, CA 94509
Don Pekich
PO Box 1700
Long Beach, CA 90801
Lloyd Rowe
One Civic Plaza, Suite 300
Carson, CA 90745
MICHAEL RUCKA
245 W. Laurel Drive
Salinas, CA 93906
Eric Safire
451 Jackson St. 3rd Floor
San Francisco, CA 94111
Marvin Shapiro
801 S. Grand Avenue, 18th Floor
Los Angeles, CA 90017
Edwin Silver
111 W. Ocean Blvd., 19th Floor
Long Beach, CA 90802
Dennis Sommese
3000 Arden Way, Ste. 1
Sacramento, CA 95825
SAMUEL SWIFT
2102 Almaden Road, Suite 107
San Jose, CA 95125
Robert Vines
650 E. Hospitality Lane, Suite 450
San Bernardino, CA 92408
Free personal injury consultation. Guaranteed confidential.
Call 1.888.777.1776.
Monday through Friday 7 am to 9 pm Pacific; Saturday and Sunday 10 am to 9 pm Pacific.
For all personal injury and wrongful death clients: no recovery: no fees, no costs.
Delay can result in the permanent loss of personal injury rights. Don’t put it off. Call now.
Onward,
Richard Alexander
