Capitol One

Every month, a reader asks one of our sponsor legal experts about a work-related issue. These building trades law professionals respond in an Organized Labor exclusive. This month’s expert is Alexandra A. Hamilton of The Veen Firm. Ask Alexandra a question at This email address is being protected from spambots. You need JavaScript enabled to view it.

Visit the VEEN FIRM website.

I was seriously injured by a gunshot at my workplace. The shooter was never caught. I am now unable to work at my regular job, and I have no income. What can I do?

Because you were injured at work, you are eligible for Workers' Compensation (WCAB) benefits, including medical treatment and disability benefits. Although you are entitled and should file to receive WCAB benefits, WCAB will not repay you all of your economic losses. There are additional avenues to cover your damages, including: California Victim Compensation Fund, Social Security disability, State disability and/or a civil lawsuit. Whether you can file a civil lawsuit depends on a few factors that would require a careful review of the facts in your case, including:

  • Was the shooter your employer's employee? If so, you may be able to sue your employer if your employer ratified the assault.
  • Was the shooter employed by another company? If so, you may be able to sue the shooter's employer if you can demonstrate that the employer knew that the shooter-employee was dangerous.
  • Was there inadequate security where you were working? If so, you may be able to sue if a third-party (not your employer) was in charge of securing the workplace, such as a property owner and/or security company.

For additional advice as to what you should do in your specific situation, you should consult with attorneys who specialize in personal injury claims as soon as possible because there are strict time limits under which you must act to protect your rights.

-Alexandra A. Hamilton, Leary Trial Team at The Veen Firm, PC
Ask Alexandra a question at This email address is being protected from spambots. You need JavaScript enabled to view it.

“Interaction via “Ask the Expert” does not establish an attorney-client relationship. Any advice given is neither legal advice nor does it serve as a replacement for hiring an attorney. In addition, any case results mentioned or discussed are not guarantees of similar results.”
Kimberly Wong

This Month's Expert; Alexandra A. Hamilton

Alexandra Hamilton is a member of the Leary Trial Team at The Veen Firm, PC in San Francisco. Ms. Hamilton represents individuals and families who have suffered serious or fatal injuries that have a life-changing and career-altering impact. She is experienced in litigating cases involving work-site injuries, dangerous premises, auto accidents, and defective products. Ms. Hamilton has been selected to Super Lawyers Northern California Rising Stars list for the years 2014-2015 and has been named Top 40 Under 40 by The National Trial Lawyers and Top 10 Under 40 by the National Academy of Personal Injury Attorneys. For more information on this article, please email This email address is being protected from spambots. You need JavaScript enabled to view it. or visit The Veen Firm's website at www.veenfirm.com.

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