Work Related Accidents
A worker can be injured on the job for many different reasons. Regardless of the cause of the injury, under California Law, employers are required to carry worker’s compensation insurance and workers who are injured on the job should file a worker’s compensation claim and pursue worker’s compensation benefits.Workers compensation benefits generally provide more limited benefits than a lawsuit. If an employer does not carry worker’s compensation insurance then, generally, the injured employee has the right to pursue the employer in a lawsuit in a civil court action.
In addition, in those situations where someone other than the employer caused or contributed to the accident and injuries, the injured worker/employee may pursue a lawsuit (a civil action known as a “third party lawsuit”) against persons or entities other than the injured worker’s employer. A work related “third party lawsuit” requires expertise in analyzing the facts and investigating the case in order to deliver results. At Lallande Law, PLC, we have the experience, expertise, and track record to get justice and results by way of the excellence of our legal representation.
Examples of “third party” work related accidents
- An unsafe worksite: A worker who is dispatched to work at a job site different from his employer’s place of work and then is injured at the job site because of dangerous conditions at that job site.
- A defective product: A worker who is injured at his/her place of employment because of a defective product used in the performance of the job. (As an example, if the employee is injured as the result of a tool or machinery that is defective or malfunctions.)
A worker who is dispatched to work at a job site different from his employer’s place of work and then is injured at that job site because of the failure or malfunction of a defective product used during the work being performed.
- Negligent conduct by persons other than co-workers of the same employer:
- A worker who is injured, regardless of location, by the negligent conduct of another, regardless of whether that other is a worker, so long as the “other” was not in the course and scope of employment for the same employer as the injured worker
- A worker who is injured at his/her place of employment because of the negligent conduct of another, so long as the “other” was not in the course and scope of employment for the same employer as the injured worker.
(As an example, the driver for “ABC Trucks” , while at “Acme Warehouse”, negligently drives his truck and strikes a forklift resulting in injuries to an “Acme Warehouse” forklift driver. The forklift driver has the right to seek workers compensation benefits and also has the right to bring a “third party” lawsuit against the negligent truck driver and his employer.)
- A worker who is injured at a job site other than his place of employment because of the negligent conduct of another, so long as the “other” was not in the course and scope of employment for the same employer as the injured worker. (As an example, a steel worker who is injured at a construction site where the operator of equipment (employed by someone other than the steel worker’s employer) causes the steel worker to fall. The injured steel worker has the right to seek workers compensation benefits and also has the right to bring a “third party” lawsuit against the negligent equipment operator and his employer.)
Work related accident injuries often result serious injuries or wrongful death that require careful evaluation of:
- Pain and suffering
- Permanent injuries including, but not limited to:
– spinal cord injury
– brain damage
- large medical bills
- Chronic pain
- future care cost
- loss of earnings,
- loss of future earning capacity,
- loss of affection, comfort, support, guidance
- emotional distress
If you or a loved one suffered serious injuries or a death (wrongful death) as the result of a work-related accident then Lallande Law, PLC can help you hold the responsible “third parties” accountable for the consequences of their wrongful conduct beyond the limited benefits of the worker’s compensation system. At Lallande Law, PLC we have the experience and compassion to gather the evidence of the losses and to then skillfully present the evidence in the pursuit of justice through results.
For a free initial consultation with Lallande Law PLC to discuss your injuries, fill in the contact form or call (800) 308-8800.