California workers who suffer injuries on the job because of a third party’s negligence, recklessness, or wrongdoing can file a personal injury suit to recover damages. Agriculture and construction, for example, are two of California’s biggest industries, and on-the-job accidents in those industries often involve third-party liability.
While California law requires the agricultural and construction industries to conduct regular safety inspections of jobsites and equipment and to provide safety training programs, thousands of California workers are nevertheless injured in accidents every year. Some of those accidents are fatal. After a worker is hurt on the job, workers’ compensation is where most employees turn to receive compensation for damages; but in some cases, a party other than the employer may also be responsible for the injury. The law calls this third-party liability.
General contractors in California are legally required to ensure that a jobsite is safe, that the equipment provided is safe, and that work is performed in a safe, professional manner. But far too often, general contractors subtly encourage subcontractors to sacrifice safety for productivity. With many different contractors often working on the same site and sometimes failing to communicate with one another, serious accidents are more likely to happen on agricultural or construction jobs than in offices or retail locations.
Third-party personal injury claims can be extraordinarily complicated, but they also substantially increase the amount of compensation available to injured employees. If you’ve been injured at a construction or agricultural job, speak promptly to an experienced personal injury attorney. A good personal injury lawyer can help you win additional compensation, beyond workers’ compensation benefits, for your medical expenses, lost wages, and lost earning capacity. Injured victims may also at times receive pain and suffering damages, and in some cases, punitive damages. A good personal injury lawyer can evaluate your case, explain your options, and direct you through the complex legal landscape. In the San Diego area, if you or a member of your family has been injured in a jobsite accident, contact experienced California personal injury attorney Gary Sernaker at (858) 509-0188, or email him at Gsernaker@gmail.com to discuss your rights and options under California law.
When you’re injured on the job in California, you’ll probably be informed that the only compensation you qualify for is the workers’ compensation provided by your employer’s insurance company. While this is the general rule in California, there are a number of situations where you may be able to sue for damages other than conventional workers’ compensation benefits:
Bicycling is one of southern California’s most popular recreations. Unfortunately, a number of drivers don’t seem to understand that bicyclists have legal rights on the road. If you’ve been injured while bicycling by the negligent behavior of another driver, contact an experienced personal injury attorney at once about receiving compensation for your injury. Even when taking full safety precautions, bike riders can suffer serious injuries; obviously, they lack the safety advantages enjoyed by motor vehicle drivers. And while fewer than one out of every hundred persons using the road at any given moment is a bicyclist, they have a much higher risk of injury than the other ninety-nine. The Centers for Disease Control and Prevention reports that in 2010, accidents sent over 500,000 bicycle riders to emergency rooms and nearly 800 to their deaths.
According to the Brain Injury Association of America (BIAA), 2.4 million people in the United States, including 475,000 children, suffer a traumatic brain injury (TBI) every year. 52,000 will die from that brain injury, according to the BIAA. If you or a loved one has suffered a traumatic brain injury because another person was negligent, speak right away with an experienced personal injury attorney. You have the legal right to be compensated for your medical expenses and lost wages.
Lipitor® is one of the cholesterol-reducing drugs known as statins. In 2012, the Food and Drug Administration reported on serious health risks for patients using statins, particularly women, including declining glycemic control and a sharply-heightened risk for developing type 2 diabetes. The risk largely exists for women with excess weight, elevated triglycerides, or high blood pressure. Packaging for Lipitor® and other statins was updated at that time to address these concerns.
According to the National Safety Council, slip-and-fall accidents are the single largest cause of emergency room visits. In California, property owners are legally required to keep their property safe for passersby and visitors, while the government – through one agency or another – is charged with keeping public streets and sidewalks free of hazards and dangerous debris.
You’ve seen them. They’re colorful and cute. Minicars are increasingly popular in crowded California cities where parking is expensive and fuel conservation is smart. Trading safety for thrift and fashion, however, is never a good idea, and recent crash tests prove that most of these small cars offer drivers and their passengers slim protection in a traffic collision. The Insurance Institute for Highway Safety (IIHS) recently tested 11 new minicars; 10 of them failed a standardized frontal crash test that the Institute has been conducting for years.