Legal Question in Personal Injury in California

Re: Personal Injury

The answer is probably both. If you are hurt during the course of employment you have substantial rights irrespective of fault. These incude the right to receive temporary disability payments, all necessary medical treatment and much more. The party that caused your injury is also responsible to you for your injuries. The upside is that you will probably be able to recover more from the third party. The downside is that some of the money that you recover will have to go back to the workers comp carrier. Usually this is the subject of negotiation and you are the ultimate victor.

If you need more information, please feel free to contact me.

Re: Personal Injury

Based on the facts you have provided, your situation would fall under personal injury law rather than workers' compensation.

If you are simply on an interview and have not been hired, you would not be deemed in the "course and scope of employment". If you were a strong candidate and there was a high probability of being hired, the company could voluntarily pay your medical expenses. Otherwise, you would have to decide whether you want to file a claim or a lawsuit against this particular employer if there was a chance that you could work for them.

Yours truly,

SAM M. EAGLE, ATTORNEY AT LAW, 10101 SLATER AVE, #218, FOUNTAIN VALLEY, CA 92708; PHONE: 714) 963-5123; FACSIMILE: 714) 964-9993

WEB SITE: WWW.FIRMS.FINDLAW.COM/EAGLELAW007

Re: Personal Injury

Worker's compensation laws are merely the vehicle through which a worker injured on the job is compensated for those injuries. It is nothing more than a mandatory insurance policy which all employers are supposed to carry.

If you were not an employee of the department store, you would not be covered under worker's compensation. I would suggest that you seek the services of an attorney whose practice emphasises personal injury law.

Re: Personal Injury

In order to be covered by Workers' Compensation benefits, the injured party, among other things, must be an employee. Therefore, no Workers' Compensation benefits in this situation.

You may have a viable cause of action (claim) against the employer and those in the stream of commerce with regard to the chair (manufacturer, designer, wholesaler, retailer and etc.).

John Bisnar, www.bestattorney.com, www.aboutdogbites.com and www.seatbeltlaw.com, 800-956-0123.

Re: Personal Injury

If I read your question properly you were interviwing with a prospective employer for a job but were not an employee of someone and interviewing for that employer? If thats correct you may not file a claim for workmans comp but would have a claim against the company for negligence in the injury from the chair. If you were on company time at the time of the injury and the interview was not at the employers property you could have both a workmans comp claim and a personal Injury claim. Both types of cases have statutes that require you to file claims either in court or with an administrative agency within certain time periods.