Workers’ Compensation Exemptions Pt. 2
In a previous article it was discussed that an employee, while entitled to workers’ compensation benefits for sustaining an injury while on the job by way of workers’ compensation insurance, there are exceptions to this rule. These exceptions are as a result of scenarios in which the employee is able to sue for damages caused by his or her injuries. There are five exceptions which allow an employee to get compensation outside of the workers’ compensation insurance, these are:
The previous article discussed the first three exceptions which can be used for suing for damages. This article will discuss suing for damages for the exceptions of an employer not carrying workers’ compensation insurance and an injury that is as a result of a third party.
The Employer Does Not Have Workers Compensation Insurance
If the employer is not insured for workers compensation, then the available option to employees is to sue the employer him or herself in civil court for injuries sustained. While this option may result in the employee receiving more money than what would have been awarded as a result of a workers’ compensation claim would provide, there is need for the employee to prove that the employer was at fault causing the injury. There is no burden of proof requirement when money and benefits are awarded from the workers’ compensation system. However, in California it is illegal for an employer to not have workers’ compensation insurance in accordance to the California Labor Code 3700. However, there is an Uninsured Employers Benefits Trust Fund (UEDTF) which provides benefits to the injured workers of uninsured companies. The injured employee will need to file a claim with the UEBTF but the process is complicated and may require that the injured employee get legal assistance.
Injury as a Result of a Third Party
At times when an employee is injured on the job the fault may not lie with the machinery, employer, and dangerous substance but with another person. Where this is the case the employee may be able to sue that person for damages. For example, when Jamie is driving the company vehicle to one of their construction sites and is hit by Marcus who ran a red light. Marcus is at fault for the accident and this is the cause of Jamie’s injuries. Jamie can bring a lawsuit against Marcus for damages. In such a case this requires a personal injury lawyer. Therefore, while the workers’ compensation law caters for the provision of payments to employees who suffer work-related injuries or illnesses, and employees can step outside the provision and sue for damages.
For a free case evaluation of your workplace injury claim, seek out a law firm of renowned professionals who specialize in California workers comp law, like the ODG Law Group.
To know how to file a workers’ comp claim in California the author of this article recommends Oktanyan Der-Grigorian Law Group for the ins and outs.
- An injury that is as a result of a defective product
- An injury that is as a result of a toxic substance
- An injury that is as a result of an employer’s intentional or egregious conduct
- Where an employer does not carry workers’ compensation insurance
- An injury that is as a result of a third party
The previous article discussed the first three exceptions which can be used for suing for damages. This article will discuss suing for damages for the exceptions of an employer not carrying workers’ compensation insurance and an injury that is as a result of a third party.
The Employer Does Not Have Workers Compensation Insurance
If the employer is not insured for workers compensation, then the available option to employees is to sue the employer him or herself in civil court for injuries sustained. While this option may result in the employee receiving more money than what would have been awarded as a result of a workers’ compensation claim would provide, there is need for the employee to prove that the employer was at fault causing the injury. There is no burden of proof requirement when money and benefits are awarded from the workers’ compensation system. However, in California it is illegal for an employer to not have workers’ compensation insurance in accordance to the California Labor Code 3700. However, there is an Uninsured Employers Benefits Trust Fund (UEDTF) which provides benefits to the injured workers of uninsured companies. The injured employee will need to file a claim with the UEBTF but the process is complicated and may require that the injured employee get legal assistance.
Injury as a Result of a Third Party
At times when an employee is injured on the job the fault may not lie with the machinery, employer, and dangerous substance but with another person. Where this is the case the employee may be able to sue that person for damages. For example, when Jamie is driving the company vehicle to one of their construction sites and is hit by Marcus who ran a red light. Marcus is at fault for the accident and this is the cause of Jamie’s injuries. Jamie can bring a lawsuit against Marcus for damages. In such a case this requires a personal injury lawyer. Therefore, while the workers’ compensation law caters for the provision of payments to employees who suffer work-related injuries or illnesses, and employees can step outside the provision and sue for damages.
For a free case evaluation of your workplace injury claim, seek out a law firm of renowned professionals who specialize in California workers comp law, like the ODG Law Group.
To know how to file a workers’ comp claim in California the author of this article recommends Oktanyan Der-Grigorian Law Group for the ins and outs.
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