Q: Can you sue your employer in addition to workers comp due to gross negligence?
A: If you are injured at work, you are subject to the Exclusive Remedy Rule — a component of workers compensation statutes that bars employees injured on the job from making a tort liability claim against their employers. The benefits provided under workers compensation are the sole remedy available to injured employees.
When a worker is injured on the job, he or she can bring a workers' compensation claim. ... However, in some cases, the injured worker can also bring a third-party liability claim. “Third-party liability” refers to bodily injury caused to a person because of a negligent or reckless third party's actions or omissions. You may be able to sue the dog owner or other party if their negligence caused your injury.
A: No, you are not correct. Service dogs must be allowed in restaurants. Emotional support dogs are allowed in restaurants at the restaurant's discretion. Pets are allowed on patios. Health & Safety Code section 114259.5.
Regardless, your injury is limited to workers compensation, only. You have the right to file a complaint with CalOSHA regarding safety, or with the Dept. of Public Health if the dog was not a Service dog and was not limited to the patio.
A: more info needed.
was it a service dog?
WC is usually your sole remedy but you may be able to sue the owner of the dog if the facts warrant it.
you need to see a WC lawyer in your area asap and not post on this open forum.
give me a call and i'll try to help you find one.
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