When workers’ comp and third-party injury claims intersect

Life for legions of people residing in Los Angeles County and other locales across Southern California is fast-paced and frenetic. The region is known nationally for its unparalleled diversity, constant movement and variety of life choices available to residents.

That is perhaps no more apparent than in the work realm. Millions of residents across the most populous sector of the state are employed in industries and positions spanning every conceivable possibility. When it comes to work opportunities, the menu of choices for Southern Californians is virtually limitless.

And so too is the accident/injury risk potential for area workers, given the sheer scope and quick pulse of commercial activity across myriad employment spheres.

That potential is simply elevated and at the point where it poses a constant concern for national and state safety regulators. Chief among those overseers is the federal Occupational Safety and Health Administration. Teams of OSHA inspectors regularly conduct onsite visits and inspections of companies across California. Their safety probes, guidance and enforcement actions target businesses of all stripes.

Notably, too, OSHA oversight annually spawns an agency top-10 list of workplace safety violations that link to employee injuries. Those are invariably instructive and spotlight especially prominent danger catalysts.

OSHA’s top contenders for workplace injury contributors

Unsurprisingly, the entrants on OSHA’s most recent top-10 list (relevant to 2019) are commonly linked to industrial endeavors and construction activities, although cited violations feature in many work realms. Here are some of the perennial entrants where employer lapses and deficiencies are noted:

  • Fall protection
  • Ladder/scaffolding
  • Hazard communication re toxic materials
  • Respiratory protection
  • Machine guarding (e.g., moving parts, crush injuries)
  • Face/eye protection
  • Industrial vehicle accidents

Those bulleted entries cover a lot of ground, but collectively comprise just a small portion of injury contributors.

What type of legal claim does an injured worker have?

Here’s a bottom-line reality commonly linked with on-the-job accidents: Many injured workers appreciate that they likely have protections afforded through workers’ compensation coverage, but they don’t know that an additional remedy is sometimes also available.

Namely, that is a recovery that might be secured via the filing of a personal injury lawsuit.

That benefit potential is prominently highlighted in one legal source addressing legal claims against negligent third parties in workplace injury incidents.

Take a car accident, for example. Many company employees routinely drive on work business throughout the day. Workers’ comp coverage customarily comes to the fore if they suffer an on-the-job injury. It is important to note, though, that a separate personal injury claim can also become applicable if a third party’s negligence caused or materially contributed to a job-tied injury.

An employee suffering a workplace injury might logically have many questions and concerns in its wake. A proven and empathetic personal injury attorney can answer them and provide diligent representation aimed at securing maximum compensation for losses suffered.

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