Legal Question in Personal Injury in California
Personal injury or workmen's comp
There was an accident in the kitchen of a non-profit organization's kitchen. The volunteer worker has not been contacted at the hospital,in the week since the incident. The two main questions are: Is this a personal injury case or a workmen's comp issue?
4 Answers from Attorneys
Re: Personal injury or workmen's comp
He will have a worker's compensation claim and may have a civil negligence claim as well depending upon the details. Please contact me directly at (619) 222-3504.
Re: Personal injury or workmen's comp
Thanks for your posting. In general, a "physical injury at the workplace or during the course and scope of employment" is a worker's compensation case, even in some cases if the injured party was a volunteer. If a third party caused the injury intentionally or through negligence, you may also have a personal injury case against the responsible party or parties.
Re: Personal injury or workmen's comp
The answer to the question is not a simple one and depends, in large part, on the manner of the occurrence and the nature of the relationship between the volunteer and the organization. The first question deals with whether or not the worker or the organization can claim employee status. This can become crucial to the injured party as workers compensation claims generally pay less but offer greater certainty of recovery. Further, if the injured party was partly at fault it will not go to reduce workers comp benefits whereas it would reduce or possibly wipe out the recovery in a personal injury claim. Another consideration is whether or not some third party shared the responsibility for the injury.
Contact a lawyer and discuss the facts surrounding the incident thoroughly. Feel free to call or write me for more information.
Re: Personal injury or workmen's comp
If the accident falls under the guise of workers' compensation . . . typically, absent some specific statutory exemptions, that avenue will preempt a personal injury claim against the employer . . . but there could be a personal injury claim as well if there is a third party at fault . . . depends on the facts . . .
In any event there is always an issue of a statute of limitations which could preclude any recovery if the proper claim is not filed timely . . . usually 1 year in California . . .
Feel free to contact me directly at (619) 234-8199 or by email to [email protected] . . .
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Patricia Ann (Patty) Lewis
1202 Kettner Boulevard, Suite 4400
San Diego, California 92101-3386
Telephone: (619) 234-8199
Telecopier: (619) 702-0666
email: [email protected]
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