On August 23, the California Supreme Court sided with employers in the case of an injured worker’s right to sue over the treatment of his injuries sustained on the job.
Kirk King was receiving medical care through his employer’s workers’ compensation insurance. King said he suffered seizures when the doctor responsible for evaluating King’s treatment following an injury on the job discontinued his anxiety medication.
But the California Supreme Court ruled that King could not sue the doctor because of workers’ compensation laws. Instead, he would need to pursue his claim against the doctor through the workers’ compensation system, rather than the courts.
According to Associate Justice Leondra Kruger, workers get the advantage of “swift and certain payments for medical treatment,” in exchange for forfeiting their right to sue their employers for their injuries.
“Workers’ compensation exists to provide injured employees with treatment if they are injured on the job. Of course, negligence by doctors can still happen in these situations. While the worker in this case has been barred from pursuing his claims through the courts, he can still pursue them through the workers’ compensation system,” said Attorney Walter Clark, founder of Walter Clark Legal Group.
Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured and want to discuss your legal options, contact us today at (760) 777-7777 for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, El Centro, and Yucca Valley, and represent clients through the entire California Low Desert and High Desert communities.
DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.
Our firm has been handling a variety of personal injury cases throughout the California High Desert communities for over 30 years. Here you will find a personal injury attorney who can help protect your rights and obtain compensation for your injuries.