Legal Question in Workers Comp in California
Work Related Injury?
We have a clumsy employee who has fallen at work a couple of times. The falls have been serious enough to need medical attention but were not caused by anything other than what seems to be their clumsyness. At what point does this become a company concern, is the company responsible, and are workman's compensation claims applicable?
1 Answer from Attorneys
Re: Work Related Injury?
Your employee is covered by your workers' compensation insurance no matter how clumsy he may be. Workers' comp is a no-fault system. Employees are entitled to benefits on any injuries caused by and during the course of employment by you. In return, you are exempted from any civil lawsuits an employee might file for such injuries, which might obtain substantially greater returns from a jury. As for clumsiness, you take an employee with all of his flaws, including clumsiness.
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