Can I Get More Money for a Job Injury?
Usually, workers’ compensation is the exclusive remedy for job-related injuries and illnesses in California. That’s good news and bad news. The good news is that workers’ comp is no-fault insurance. Full benefits are usually available even if the victim was entirely at fault for the incident. The bad news is that these benefits are usually limited to economic damages (lost wages, medical bills, etc.).
In some cases, a San Marcos personal injury lawyer can file a civil claim and obtain additional compensation, such as money for emotional distress and other noneconomic losses, due to a job-related injury or illness. That’s the good news. The better news is that, in some cases, employers cannot use some of the best negligence defenses in these cases. So, it’s easier to prove a negligence case and obtain this additional compensation.
Defective Product
Manufacturers are strictly liable for defective product-related injuries, no matter where that injury occurs. The defect could be a:
- Design Defect: When engineers designed the 1970s Ford Pinto, they put the unprotected gas tank outside the rear axle. As a result, the gas tank often ruptured and exploded in rear-end collisions. Ford could’ve fixed the problem for less than $2 per car, but executives decided it was cheaper to pay lawsuit settlements, so they did nothing.
- Manufacturing Defect: For many years, Takata airbags used a stable chemical propellant that rapidly inflated airbags without over-inflating them. In the 1990s, Takata started using cheap ammonium nitrate. This unstable chemical often made air bags explode. According to many estimates, several million vehicles with defective Takata airbags are still on the road today.
Now for some additional Legalese. The strict liability rule applies if the employer manufactured a defective product, the defective product was the proximate cause of the employee’s injury or death, the defective product was sold, leased, or otherwise transferred to an independent third person for valuable consideration, and the product was thereafter provided to the employee for use by a third person.
Dual Capacity
This exception often comes up when retail employees shop at the store where they work during their off hours.
In one case, a hospital worker was on disability due to a foot injury. While at the hospital for some tests, she slipped and fell. Two doctrines are at issue in such a case. First, the hospital (or any other employer for that matter) has a duty to maintain safe premises whether a victim was there as a patient or an employee. Second, California Labor Code Section 3600 states that workers’ comp is the exclusive remedy if the injury occurred during the course and scope of employment.
Fraudulent Concealment
Workers’ comp doesn’t apply if the employer concealed the existence of the injury, the employer concealed the connection between the injury and employment, and the injury was aggravated following the employer’s concealment. This exception usually applies in toxic exposure illness cases (asbestos, mold, etc.).
Uninsured Employer
This exception may be the most common one. If the employer didn’t have a valid policy at the time of the accident, a San Marcos personal injury lawyer can file a civil claim.
Reach Out to a Tough-Minded San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. For us, no case is too big and no case is too small.
Source:
insurance.ca.gov/01-consumers/105-type/95-guides/09-comm/WorkersCompensation.cfm
