Articles Posted in Work Accident

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construction-site-accident-injury-attorneyConstruction workers and people who are walking near construction sites may be injured because these worksites are hazardous. When construction workers are injured at their jobs, they may be limited to recovering workers’ compensation benefits from their employers’ insurance carriers. However, when the negligence of third parties causes their accidents, they may be able to file third-party negligence claims against the responsible parties.

In general, contractors that hire subcontracting companies to perform work at their worksites may not be held liable when the employees of the subcontractors are injured at their jobs. However, as

Strouse v. Webcor Construction, L.P., Cal. Ct. App. Case No. A148863 shows, there are some circumstances in which a general contractor may be liable to pay damages to the employees of subcontractors when the general contractor affirmatively contributes to the accident and resulting injury.

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work-accident-attorney-los-angelesIn California, people who suffer work-related injuries that are permanently disabling may recover disability compensation from their employers’ workers’ compensation insurance. However, if a part of the disability is caused by an underlying condition, the law requires that the Workers’ Compensation Appeals Board apportions the cause between the work injury and the underlying condition. City of Petaluma v. Workers’ Compensation Appeals Board, Cal. Ct. App., Case No. A153811 dealt with a case in which a police officer had an asymptomatic underlying condition that was triggered by a workplace injury. The California Court of Appeals looked at when apportionment is required and when it is not.

Factual and procedural background

Aaron Lindh worked as a police officer for the City of Petaluma. During a canine training course, Lindh received three to six blows to the left side of his head. Following the injury, Lindh began suffering severe headaches that lasted for several hours. A month following the work-related injury accident, Lindh lost nearly all of the vision in his left eye. Lindh saw two different doctors. Neither of the doctors attributed his vision loss to the work accident. Lindh submitted a claim for workers’ compensation for his disability.

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Electrical-Burn-InjuryIn California, companies that hire contractors and subcontractors are generally not liable when the negligent actions of the contractors or subcontractors cause injury accidents. However, as

Sandoval v. Qualcomm Inc., Cal. Ct. App., Case No. D070431 shows, there is an exception to the general rule. When the hiring companies have negligently retained control of the safety conditions at the facilities, the hiring companies may be liable to pay damages if their negligence was a contributing factor to the resulting accidents and injuries. If you have suffered an injury while working for a contractor at a job site, you might want to talk to an experienced lawyer to find out if you might have the basis to file a legal claim against the hiring company.

Factual background of the case

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In California, the family members of people who are killed while they are working may recover benefits through workers’ compensation. When the accidents are caused by the negligence of third parties, the families may be able to file third-party lawsuits against the third parties in addition to their workers’ compensation claims. In some cases, failures to act may be compensable if they are negligent. In Peredia v. HR Mobile Services, Inc., Cal App. # F074083, the court ruled that a third-party safety consultant could be held liable for omissions if the plaintiff is able to prove all of the elements of the negligent undertaking by the consultant.

Factual background of the case

Oscar J. Perdia, Jr. was a 19-year-old man who was employed by Double Diamond Farms. Double Diamond Farms had hired HR Mobile Services to help the farm with workers’ compensation issues, training, loss prevention and human resources. HR Mobile agreed that it helped Double Diamond with workplace safety issues. Double Diamond Farm paid HR Mobile $24,000 per year for its services.

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