Non-Workers’ Comp Options for Job Injury Victims
The workplace injury rate in California is almost 50 percent higher than the nationwide workplace injury rate. Workers’ compensation, which replaces lost wages and pays reasonably necessary medical bills, covers most of these injuries. But, either due to the facts of the injury or the employer’s illegal activity, these benefits are often unavailable. These injured victims still have legal options.
In fact, in many cases, these “other options” are even better than workers’ compensation. If a Carlsbad personal injury lawyer proves that negligence, or a lack of care, substantially caused injury, additional compensation is available, mostly compensation for noneconomic losses, such as pain and suffering. Additionally, in many cases, employers cannot use some of the most effective negligence defenses. So, filing a negligence claim is almost like filing a no-fault workers’ comp claim.
No Insurance
California, like most other states, has a mandatory workers’ comp law. Almost all employers must buy and maintain valid workers’ compensation insurance policies. Alas, many companies ignore or circumvent that requirement.
Also like most other states, California doesn’t aggressively enforce the mandatory workers’ comp requirement. Companies know that the chances of getting caught are slim. Companies also know that, on the off chance they do get caught, they’d only pay a fine which barely exceeds the amount of money they illegally saved.
When gamblers have favorable odds, they often keep betting. When companies have favorable odds, they usually keep betting as well. However, once a San Marcos personal injury lawyer steps in, the odds change dramatically.
The odds also change if the employer circumvented the law. Many companies lie to their insurance companies to reduce their premium payments. False statements about the number of employees might be the most common lie.
The fewer the number of employees, the lower the premiums. Therefore, some unscrupulous companies intentionally misclassified employees as independent contractors. But companies don’t get to unilaterally make such classification decisions.
When insurance companies uncover these lies, and they almost always do, they deny payment. When that happens, a civil suit is an option.
Such fraud hurts all workers, and not just the injured worker in that instance. Less money in the system means less benefits are available.
Intentional or Reckless Conduct
By design, workers’ compensation only covers unintentional injuries. This limitation was the main reason workers agreed to waive their rights to file civil claims so many years ago. If the injury truly was accidental, limited compensation would probably be available in court anyway.
Reckless and intentional conduct is different. Usually, reckless means the employer intentionally disregarded a known risk. Sending workers into an unreinforced construction trench might be the best example.
Intentional injuries are rare, but they happen. Usually in this context, an intentional injury is a reckless injury charged with a hint of malice. When he was in the service, future actor Steve McQueen scraped asbestos off pipes after he went AWOL. That’s an example of an intentional injury that workers’ comp would not cover.
Count on a Diligent 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. The sooner you reach out to us, the sooner we start working for you.
Source:
bls.gov/regions/west/news-release/workplaceinjuriesandillnesses_california.htm
