Ever heard how in life, a person is responsible for his decisions, mistakes and sufferings? Well, this is not always the case when the sufferings are caused by an accident in a Californian workplace – and the compensation is not something to ignore. But let us qualify how to claim from a workplace-related injury, first and foremost.
The workplace injury lawyers from CMALaw.net consider a personal injury claim as valid if the injuries sustained are caused by a defective equipment or a contractor’s negligence. It may be a product and equipment from a manufacturer, uninsured employers, contractors, subcontractors, and lessors. Lawyers will help the victim identify the responsible parties so it is best to consult them before starting any allegation.
In determining the legal responsibility for an accident or liability — if it is a case of negligence in either or both parties — lawyers factor in these propositions:
• When the injured employee is proven somewhere he should not be or expected to do the activity that caused the injury, the person who caused the mishap may not be liable of the injuries. Simply put, the person is not in-charge of the person’s safety.
• A case of comparative negligence may be used against an injured person when his negligence is proven to have caused his accident. The compensation to be given may be reduced by the extent such carelessness caused the accident.
• An accident caused by a defective product makes the manufacturer and seller of the product to be both liable even if the injured person doesn’t know which of them was careless in creating or allowing the defect, or exactly how the defect occurred.
• When a negligent worker caused an accident while working for a co-worker, the employer may also be legally responsible for that accident.
• The owner of the property takes the liability for being negligent in maintaining the property, whether he actually created the dangerous condition or not, if an accident is caused on property that is dangerous because of poor built or maintenance.
Whoever is to take the liability for an injury, the victim must first seek a legal advisor. Properly grounding the claim will ensure compensation and justice.