Last week, a distribution lineman was killed and three others were injured at an industrial facility in Menifee, California. According to county officials, the man was electrocuted while working with underground equipment. His three colleagues suffered smoke inhalation injuries.
Can the injured individuals and the family of the deceased worker recover compensation for their injuries?
Probably. Under California workers' compensation law, all employers must carry workers' compensation insurance. Therefore, the families should be able to bring workers' comp claims to recover compensation for their injuries and the wrongful death of their loved one. While employers generally cannot be subject to personal injury lawsuits, workplace accident victims may also be able to recover compensation through a third party personal injury lawsuit.
If, for example, the electrocution was caused by defective equipment, then the manufacturer of that equipment can be held accountable through a product defect lawsuit. Similarly, if a third party, such as a subcontractor, caused the accident, that third party can be held accountable through a personal injury lawsuit.
There are many nuances to the laws involved in workplace accidents. If you have been injured on-the-job, speak with an experienced attorney about your options for recovery. Workers' compensation payouts may not cover all of your injuries. A lawyer can help you look for other options that can lead to a full financial recovery.