In California, who or what caused the injury generally does not affect the injured worker’s claim for workers’ compensation benefits. This is because the workers’ compensation insurance is a no-fault system. The no-fault system means that the worker does not need to prove that his or her employer’s action caused the injury. Even if the injured worker is at fault for the injury, he or she may still be able to collect worker’s comp benefits. But, there may be circumstances in which who or what caused the injury who should be held liable and what type of claim the employee may file.

These include the following:

  • If a defective equipment caused the injury, the manufacturer of the product may be liable for the defective product.
  • Likewise, if a toxic substance caused the injury, the manufacturer of that substance may be held liable for toxic tort injury.
  • If the employer’s intentional or reckless conduct caused the injury, they may be held liable for the personal injury.
  • If a third party caused the injury, that person may be held liable for the personal injury.
    If you have been injured in your workplace, consult with a local workers’ comp attorney for further evaluation.

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