I my husband broke his leg at work and got workers’ compensation but his leg will never be 100%, can he still sue the company?

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I my husband broke his leg at work and got workers’ compensation but his leg will never be 100%, can he still sue the company?

He’s been released from workers comp, so he’s back to work. He thinks the company will let him go after Friday since it will be 2 years since the accident. He broke his leg when he fell off a forklift and it crushed his leg. He was not forklift certified. Not sure if we should sue since he did get workers’ compensation.

Asked on February 14, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot sue the company if you received workers compensation. Workers compensation is an alternative route to compensation for injured workers, a way to get compensation more quickly, easily, and certainly than by suing; the downside is you may be able to get more by suing. The law does not let you get the advantages of workers compensation then sue; you have to pick one or the other (workers compensation or lawsuit). Having selected workers compensation, you may not sue the employer.


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