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Legal Options for Workplace Injury VictimsFebruary 1, 2020 0 Comment Category: Workers' Compensation
California Workplace Injury Law
The California law on workplace injuries allows workplace injury victims to pursue legal action in three ways – through a workers’ compensation claim, by filing a personal injury lawsuit to sue a third party, or using a combination of both. A California injury lawyer can help you to understand how to protect your business from these legal actions during a workplace injury suit.
The workplace injury laws in California require a worker to notify their employer of the injury within 30 days of the incident. Following that, they will need to file a workers’ compensation claim to recover damages for the injuries sustained. If a third party is involved in the accident and has played a significant role in leading to the damages, then the worker can also file a personal injury lawsuit to recover damages. In such cases, a lawyer can use evidence to prove product liability, premises liability, and/or personal injury caused by a different person.
Worker’s Compensation Insurance
Note that the injured party must have sustained the injury on the company premises or when performing work-related duties off-site to be eligible to file a workers’ compensation claim. If an employer does not have a workers’ compensation cover, then the worker can sue the company to seek compensation for their damages. A worker’s compensation insurance policy can help pay for any attorney fees, court costs, or settlement costs that may be incurred during a worker’s compensation suit.
If your company is not covered by a workers’ compensation insurance provider, your business may also face disciplinary fines from the California court. This is because all businesses in the state are required to provide insurance for their employees to cover any kind of work-related injuries. However, these types of claims are very rare and most companies make sure to follow this mandatory adherence. Having proper worker’s compensation insurance can save your business from a great deal of financial damage.
In some cases, a worker may also be eligible to file both a workers’ compensation claim and a third-party personal injury lawsuit. This is applicable for the recovery of damages such as pain and suffering, which are not covered by workers’ compensation, as well as when the benefits are not enough to cover the worker’s injuries.
Generally, the benefits included in a workers’ compensation claim include the medical bills and partial wages for loss of income because of the work-related injury. The funding will also be limited if the accident led to permanent disability. In such cases, a third-party personal injury lawsuit may help to claim compensation for the other expenses. Hiring a California injury lawyer to defend your business can help you avoid the worst of a worker’s compensation case.
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