It is a known fact that personal injuries happen everyday. They cannot be prevented and they can result from work-related accidents, road accidents, professional malpractice, criminal assault, sports-related accidents and such.
Work-related injury, one of the most common personal injuries, is usually caused by faulty machineries, defective products, and structural failure at work. They may also result from exposure to hazardous materials and toxic substances.
These kinds of injury amount to more than 4 million instances in the United States, a portion of which leads to death. They can also result with the victim not being able work for a period of time as well as experiencing pain and suffering after the accident.
For Los Angeles residents, the economic loss can be compensated through a claim under the California Worker’s Compensation Act as well as with the California Tort Law.
Generally, employers are responsible for providing a safe working environment for their workers but sometimes, these conditions will not be applicable, there will be ventures that will require employees to work under extreme and dangerous conditions.
Safety measures should always be undertaken to minimize accidents and employers must ensure that their employees are competent enough to handle the different tasks related to the position that the worker would take on.
Employees, on the other hand, cannot sue their employers for injuries incurred while at work but they may file for a worker’s compensation case. This will allow the injured to avail of money that they can use for their treatment without having to bring their case to court. This is beneficial to those that are afraid of losing their jobs, a possible consequence of any action taken against the employer.
However, there will be instances when the worker’s compensation case would not be enough to cover the expenses incurred due to the accident, in this case, the injured employee can file for a third-party case but this can only apply to another entity other than the employer.
A third party case often involves other companies and/or persons who manufactured or supplied a defective machine or product that has been sufficiently proven as the main cause of the accident.
Third party claims may include a full reimbursement for expenses incurred as a result of the accident as well compensation for loss of past, present and future wages. These are not covered with a worker’s compensation case, which is only limited to disability compensation, medical expenses, and, in applicable instances, a cash award for employees that have been disabled permanently as a result of the accident.
Employees should immediately consult a personal injury attorney in such cases. Personal injury attorneys can give advice on how to file for a worker’s compensation case as well as determine if any third party liability claim can be filed.
Most lawyers would argue for a structured compensation settlement as this would allow the victim to receive periodic monetary payments, thereby ensuring that the worker would have sufficient money during and after the treatment and rehabilitation period.
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