Employees who are injured at work generally only have the right to recover compensation through workers’ compensation instead of by filing lawsuits against their employers. However, there are a few narrow exceptions that might allow an injured worker to step outside of the workers’ compensation system and file a lawsuit…
Californians who contract diseases caused by exposures to toxins might develop permanently disabling conditions. When those illnesses were caused by someone else’s negligence, the victims are entitled to pursue damages for their losses. In Beebe v. Wonderful Pistachios LLC, et. al., Cal. Ct. App. Case No. F083502, the Court of…
When people are seriously injured at work, they are generally limited to pursuing remedies under their employers’ workers’ compensation policies. However, when their employers fail to carry workers’ compensation insurance, they can file lawsuits against their employers in court. In the case of Hollingsworth v. Heavy Transport, Inc., Cal. Ct.…
At construction sites in California, it is common for several different companies to perform different types of work. When an employee of one company is injured while working on a construction site by a company other than his or her employer, he or she has the right to file a…
While most workers who are injured at work will be limited to recovering benefits from workers’ compensation, some exceptions to the general rule exist. In Santos v. Crenshaw Manufacturing, Inc., , Cal. Ct. App. Case No. G057371, the appeals court considered whether an exception applied in a lawsuit filed by…
In California, people who have been seriously injured by defectively designed products may be entitled to recover damages in a product liability lawsuit. The courts may instruct the jury about the tests that they should apply when evaluating an alleged design defect. However, as Verrazono v. Gehl Co., Cal. Ct.…
People who are injured at work because of the negligence of a third party other than their employers may be able to recover workers’ compensation benefits while also filing negligence lawsuits against the third party. However, if the victims are employed by an independent contractor that is hired by the…
Some Californians work for subcontractors who contract with contractors to perform work at construction sites in the state. When an employee of a subcontractor is injured while working at the construction site, the contractor that contracted with the worker’s employer to perform services will only be liable for the injuries…
California employers are liable for their employees’ negligent actions while they are operating in the scope and course of their jobs and injure or kill others. However, employers are not liable for the negligence of their employees when the workers are commuting to or from their jobs with limited exceptions.…
People who are injured while they are working are eligible for workers’ compensation benefits through their employers’ insurance carriers. Doctors are able to request specific medical services for injured workers. When employers either change the requests or deny them, the modifications or denials undergo a utilization review by medical experts.…