Glendale, CA asked in Employment Law, Personal Injury and Workers' Compensation for California

Q: Can you sue your employer in addition to workers comp due to gross negligence?

3 Lawyer Answers
Steven James Foster
Steven James Foster
Answered
  • Workers' Compensation Lawyer
  • Chico, CA
  • Licensed in California

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.

Good luck.

William John Light and Gary Alan Jackson agree with this answer

William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

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.

law.justia.com/codes/california/2012/hsc/division-104/part-7/chapter-8/article-6/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.

ehservices.publichealth.lacounty.gov/servlet/guest?service=0&formId=4&saveAction=5

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

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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