In California and other States, is Worker’s Comp Required by Law?
In California and some other states, the employer must provide these benefits. That way if a person gets injured on the job, they can get money regardless of who's at fault.
Worker’s rules and these "no-fault" liability benefits exist to keep employees protected. Benefits get provided in cases like this to lessen the blow to employers and workers.
Also, if an employee suffers burns at work, money can be critical. In that case, the employee may need physical therapy and other assistance to survive. And most of the time a burn victim will be in no condition to work.
What is California's Law Mandate to Employers to Provide Insurance?
Employers must provide work comp in the Golden State. But it is expensive insurance for your employer to buy you. But in exchange for paying the premium, the company gets protected from first-party liability. So normally you cannot sue your employer for these injuries unless an extreme case exists.
So in a way, the employer pays it forward. Now they have protection from the costs of a lawsuit for injuries. First and foremost, the company is not liable for your on the job injuries.
Even if they were for careless or negligent, your insurance covers it. So you worker's collect the compensation benefits. And this, in turn, alleviates fault on your employer. Make sense so far?
What About Third-Party Negligence?
In some cases, the employers are legally liable in a first party case, as discussed above. For example, they may have failed to buy the required insurance policy. Or, your boss may have been reckless, intentional or grossly negligent.
But it is important to consult an experienced attorney.
Beyond that, others may be on the hook discussed below.
Third parties can also be sued in some cases. So finding all the parties who can potentially pay you is important.
Discussing your case with an experienced burn injury lawyer is helpful. So this allows the expert to evaluate your case. And that way they can see if the employer for liable negligence. Or evidence may lead them to a third-party.
And if this occurs in the workplace, it can be from third-party negligence.
Examples: An injury caused by another employee. That employee is liable for causing the non-work related injuries. Also, a defective product or equipment that fails. If you get hurt, the maker may be liable. But it could be something like a vehicle rear-ending an employee's car. These are all cases where the employee has third party rights to sue.
What are Some Common Causes of Burns at Work?
Many ways exist to be burned or scalded at work.
These can include:
Hot liquids and chemicals. (imagine cooking french fries in hot oil. Or think of changing the oil in a hot motor).
Hot pipes and metal objects.
Fireworks explosions at a factory.
Engine rooms on cruise ships and boats.
Electrical fires on a job site.
Another hazard at work.
Danger – Your Third Party Negligence Claims NOT Covered!
This government mandated insurance does not cover third-party negligence. This strictly gives your employer on a no-fault status for worker injuries.
But if third-party negligence is present, that party is liable. That is how you recover compensation for your injuries. This is money damages. These costs include money for pain and suffering.
You can also get paid for impairment and crippling. Also, other costs are payable. If you or a loved suffered emotional burn injuries at work, learn your rights.
Consult the burn injury lawyers at ELFPI. Discuss your case with a pro. That way legal options get explained. Research is vital. Evidence can disappear, and the witness’s memories can fade. Call (213) 596-9642. Don’t let time run out.
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Please use any of our easy contact us methods for your free case evaluation. Don’t let the statute of limitations expire in your case. Time is of the essence.
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