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legal question... - highdesertguy - 08-03-2010

Iam in California, as many of you may already know
I got hurt at work in california in 2008.
at the time of my accident the company was cutting down
on personal,laying off people left and right.
they let go 5 people of my department in 2 weeks.
letting me and 2 other persons with the full load of work.
they pushed for the same production, with less people,
and this caused for me to have this accident.
that resulted in me possibly not being able to return to work.
or to make the same money I was making before(wich was really good)
this company is a big corporation, but they ended up
shutting down production at the place I got hurt in 2009.
my question is this, can I legally sue this company.
after wc settlement,or WC its all I will get out of this?
Iam not trying to become Rich out of this accident.
however I do feel this company and management
are responsible for my present situation.Thanks in advance for any info.


RE: legal question... - 1171 - 08-03-2010

workers' compensation is the exclusive remedy against an employer for a work injury except for some rare exceptions.


RE: legal question... - highdesertguy - 08-03-2010

any idea what those exceptions are?


RE: legal question... - hurt at work - 08-03-2010

If California is a work at will state you will have a hard time sueing them and for what grounds do you think you have for sueing?


RE: legal question... - highdesertguy - 08-03-2010

this company was negligent during that time.
management knew they were shutting down in the next year or so.
I can count with my 2 hands how many people got hurt
in the last year at that company,Iam in contact with some of the people!
that also got hurt around the same time I did..


RE: legal question... - 1171 - 08-03-2010

dual capacity (you interact with the employer in another relationship)
intentional tort
punch press safety violation.

the problem is that few if any attys will take the long & expensive road for a civil suit in such problematic cases.


RE: legal question... - Bad Boy Bad Boy - 08-03-2010

You would of had to attempt to sue long ago, not 1 or 2 years later. You would had to have shown much proof, on how it was caused for your injury to taken place and was intentional by the employer. Not something you try later in time. It would never happen.