b'WORK INJURY LAWEXCEPTIONS TO WC EXCLUSIVITY: SERIOUS AND WILLFUL MISCONDUCT, SUING YOUR EMPLOYER DIRECTLY INVESTIGATIONS, AND OSHAIf you are injured on the job, as stated above,In some instances, an employers conduct is so WC is your exclusive remedy, which means youegregious and committed in blatant disregard are not allowed to directly sue your employerfor the rules, regulations, and customs of the incivilcourt.Thereareafewexceptions,industry, as well as the safety of employees, however, that allow you to file a lawsuit in thethat they are considered by OSHA to be serious civil court legal system against your employer.andwillfulviolations.Thistypeofbehavior, Theseexceptions,listedbelow,maybefactwhich is done in reckless disregard for safety specificandmaytakein-depthinvestigationand which can or does result in serious injury or and analysis to prove. death, usually garners severe penalties.In California, the Occupational Safety and Health Administration (Cal-OSHA) oversees workplace safety and compliance. It is the governmental Exceptions to WC Exclusivity agencythatconductsinvestigationsafter aseriousinjury,illness,ordeathhasbeen k k k k k Employer assaults you or ratificationreported. Its skilled investigators often conduct of the conduct of another employeeinterviews,analyzeevidence,andmake who assaulted you findings in a report that can result in citations Employers that remove or fail tofor violations.(Note: if you are represented by install the guard on a power pressan attorney, do not give an interview without Dual capacityif you work foryour attorney present.)your employer outside of your normal work duties While OSHAs reports are extremely useful for Employers that fraudulently conceal yourour analysis, it is our practice to conduct our injury or its cause (such as with asbestos) own witness interviews and investigations to determine what occurred, whether a serious Employers who failedand willful violation has taken place, and if to obtain WC insurancea third-party is to blame for all or part of the incident.FREE CONSULTATION800-777-777715800-777-7777DominguezFirm.com'