All employers, even if they have only one employee, are required to carry workers’ compensation insurance, a government-established no-fault system that reimburses employees for injuries sustained on the job. However, in some circumstances, such as if your employer or another employee purposely harmed you, filing a negligence lawsuit may be appropriate.

While workers’ compensation helps cover a portion of your wages and medical bills, a Modesto workplace injury lawyer could file a lawsuit to seek compensation for your pain and suffering, emotional trauma, and loss of enjoyment of life. At Curtis Legal Group, our personal injury attorneys have built a winning reputation over more than 70 years, and we could evaluate your case.

What Conditions Allow You To Sue Your Employer?

Employers must generally carry insurance for work-related injuries, but under certain conditions, you may not need to rely on it for compensation. These include situations in which:

  • Your employer intentionally injures you in the workplace
  • Your employer purposely delays or denies your workers’ compensation claim
  • Your employer fails to purchase workers’ compensation insurance or allows it to lapse
  • Your employer acts with extreme negligence, putting you in a situation where injuries are almost certain to occur

If your employer engaged in any of these egregious behaviors, our Modesto attorneys could seek justice for your employment-related injury.

Filing a Negligence Lawsuit Against Others

Even when your employer carries workers’ compensation insurance and does not purposely harm you, a negligence lawsuit could be appropriate if someone else in your workplace harms you, even an unaffiliated party. For instance, a fellow employee could purposely trip you, causing you to fall and break your leg, or you might be a company driver performing a delivery when a drunk driver crashes into you.

Lawsuits against these parties are based on negligence. All people have a societal duty to behave as reasonable people would in a similar situation. If anyone fails to uphold that standard, such as purposely tripping you or driving while intoxicated, and their actions directly cause your injuries, the law considers their behavior negligent. If you cannot work while recuperating from a job-related injury, one of our attorneys in Modesto could help you recover compensation to alleviate the financial and emotional stress that often accompanies debilitating injuries.

Time Limits for Filing a Negligence Lawsuit

Whether your employer intentionally hurt you or a third party caused your injuries at work, the law imposes a statute of limitations on the amount of time you or your attorney has to file a lawsuit in Modesto. You have two years from the date of your injury or the date you reasonably discovered it to file a personal injury suit. There are exceptions, such as if you are a minor, in which case the time limit does not begin until you turn 18. One of our Heavy Hitters™ could explain these deadlines and how they may affect your claim.

Speak With a Modesto Attorney About Your Workplace Injury

Our Heavy Hitters™ could review evidence of your workplace accident, including police and medical reports, eyewitness statements, and surveillance or cell phone videos. If we determine that filing a negligence lawsuit is in your best interests, we could build a strong case and file it on time to pursue the maximum compensation available. Contact our office today to schedule your free consultation with a Modesto workplace injury lawyer.