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Suing Your Employer If You Are Injured At Work: What The Law States

Receiving an injury while on the job can be financially devastating. In some cases, if your injury is severe enough, you may not be able to return to your old job. This can mean limited financial resources long after your Workers' Compensation benefits run out. When this happens, the first thing many people want to do is sue their employer. While this is an option, it is only acceptable if your employer was intentionally negligible and that their actions were the direct cause of your injury.

Workers’ Compensation Laws

Workers’ Compensation laws have been around for over 90 years. These laws are written so that you can receive immediate treatment for your injuries at the expense of your employer. With Workers’ Compensation laws, blame is not placed on either party. Instead, the employer pays because the accident occurred on their property and while you were working for them. The Workers’ Compensation laws are designed to protect both the employer and employee.

A Woodson Claim

A Woodson Claim is what is filed when you have proof that the company knew there was an increased risk of injury and chose to do nothing to rectify the situation. This could involve anything from a defective or malfunctioning piece of equipment to holes in the floor or ceiling that need to be repaired. While a Woodson Claim can be filed, they are very difficult to prove and in most cases, the employer comes out the winner.

While Workers’ Compensation laws prevent you from suing your employer under regular circumstances, Gaylord & Nantais are able to explain the aspects of the law so you fully understand what it says. They can help you get the compensation you deserve so that you don’t have to worry about your future.


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Thomas M. Nantais

Thomas M. Nantais

Thomas M. Nantais is the Co- owner of Gaylord & Nantais, a legal firm specializing in workers’ compensation, in the state of California. This firm deals in getting hearing loss compensation and work related injuries compensation for those who have worked in the state of California. With his sincere efforts, Thomas is committed to meet the highest standards of the legal industry, and aims to provide the clients with an honest and aggressive representation.

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