Workplace AccidentsWorkers in a manufacturing plant, warehouse, construction project, or other industrial setting are frequently exposed to heavy equipment, tools, and machinery, which can often be dangerous and lead to serious personal injuries. Workplace and industrial accidents often involve the fault of someone other than the injured worker. In California, there is a no-fault workers’ compensation system that is designed to provide benefits to a worker injured on the job. In some cases, a worker may have additional civil remedies when the harm was caused by someone other than a co-worker or employer. And, even in those scenarios there are some exceptions that allow a worker to directly sue an employer—these are known as exceptions to the workers’ compensation exclusive remedy. A few examples of those exceptions include:
- Dual capacity – when your employer serves a dual role (e.g., employer and product manufacturer or employer and property owner) and you are harmed by the manufactured product or condition of the property
- Fraudulent concealment – when your employer attempts to actively conceal your injury
- Employer assault or ratification – if you are assaulted by a co-worker and your employer ratifies the behavior
- Power press – if you are injured on a power press machine and your employer removed or failed to install a necessary safety guard
- Uninsured employer – if your employer failed to carry workers’ compensation insurance
Everyone in the state of California is entitled to a safe work environment. When an individual is seriously injured on the job, the employer is supposed to contact the Occupational Safety and Health Administration (OSHA) to investigate. Employer lead workplace investigations do not always involve the necessarily resources and/or motives to truly determine the root cause of an injury. It is important to seek legal advice as soon as possible after a serious injury so a proper and thorough investigation can be performed.
Altair Law has experience investigating and holding parties responsible for injury or death after an industrial accident. If you or a loved one is injured or your loved one lost their life in an industrial accident, we can help you get compensation for medical expenses, lost income, and other support. Please contact us to discuss your case. We provide free consultations, work on a contingency fee basis, and advance all case costs.
Altair Law also frequently partners with workers’ compensation attorneys to review their cases and help identify potential third-party and/or employer civil liability claims. If you are a workers’ compensation attorney and unsure whether your client may have additional civil remedies available, please contact us for a free case review. You owe it to your client to uncover all avenues of compensation and we are happy to work alongside you to maximize the recovery of every injured worker.