I lost my leg in an explosion at work in California. Can I sue my employer for my injuries?

I am very sorry to hear about your workplace accident that resulted in an amputation. As an amputee, I understand the new physical challenges you are facing, as well as the emotional issues that can accompany an amputation.

You may be able to recover compensation from your employer after the accident, but you may not be able to sue. Although there are exceptions, often, when an employee is injured on the job, he or she is limited to recovering benefits allowed under workers’ compensation laws. Workers’ compensation laws typically provide for three types of payments to those workers who are injured on the job: compensation for lost wages, compensation for medical expenses, and a lump sum payment to workers who have a permanent disability as a result of their injuries. Normally, you cannot sue your employer directly for the injury, even if his or her negligence was directly at fault for your injuries.

If, however, you are injured on the job, and another party that is not your direct employer or a co-worker causes or contributes to an injury, you are normally entitled to collect workers’ compensation from your employer, and pursue other forms of compensation with a lawsuit against the other party. Normally, cases that are pursued under civil law, as opposed to workers’ compensation, have a greater value, since the available damages normally far exceed those available under workers’ compensation laws. Some of the types of damages that are recoverable in third-party lawsuits include money for pain and suffering, lost wages, medical expenses, and more.

If you have suffered an amputation because of the negligence of your employer or another party, you should speak with an attorney. Call me, Conal Doyle, Amputation Attorney, at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation on your case.