Common Job Injury Nonsubscriber Claims

We sincerely apologize for the Legalese in this blog’s title. But we thought it might get your attention. If that didn’t work, this statistic might. Worldwide, over two million workers sustain on-the-job injuries every year.

California, like most other states, has a mandatory workers’ compensation law. Businesses with more than a certain number of employees must buy workers’ compensation insurance. These insurance benefits pay injured workers’ medical bills and replace some of their lost wages. Injured victims don’t have to prove negligence, recklessness, or even fault.

A “nonsubscriber” often refers to companies that don’t carry workers’ compensation insurance. Some lower their premiums by lying on insurance forms, risking exposure if the deception is uncovered. Others blatantly ignore the law and skip coverage altogether. For many corporate decision-makers, the potential cost savings seem worth the gamble, even if it means facing penalties or dealing with an uninsured claim.

Workers’ compensation covers only accidental injuries connected to the job. It doesn’t apply if the employer knowingly or carelessly endangers workers. Injuries from faulty products also aren’t covered. Details on these exceptions are explained further below.

Whether or not workers’ compensation applies, a Los Angeles workplace injury attorney can obtain the compensation job injury victims need and deserve.

Defective Product Claims

Employees at almost every worksite in California use a defective product at least once every day. This issue could be a:

• Design Defect: Most product makers care almost nothing about user safety. In contrast, they care a lot about profit margin. If, during the design phase, engineers have a choice between profitability and safety, they always choose profitability.
• Manufacturing Defect: The push for profitability at the expense of safety continues into the product manufacturing phase. Many companies use cheap parts or components which cannot do the job. Usually, manufacturers are legally responsible for their products until a retailer or other reseller officially takes control of them.

This responsibility is generally strict liability. Defective product injury victims, much like workers’ compensation claimants, need not prove negligence or fault. The unforeseeable misuse defense is usually the only effective defense in these cases. These victims are legally responsible for their own injury. “Unforeseeable misuse” is something like using a chainsaw to open a soda can.

Overlap is common in nonsubscriber claims. For example, an employer might not encourage employees who work in high places to wear safety harnesses, since these safety devices sometimes slow workers down.

Uninsured or Reckless Employer Claims

If an employer doesn’t carry insurance or recklessly endangers workers—such as failing to provide asbestos protection during demolition—injured workers can file claims in civil court. Since the employer broke the law, they often lose access to defenses like assumption of risk or comparative fault. This makes it easier for a Los Angeles personal injury lawyer to prove negligence and secure maximum compensation. This compensation typically covers both economic losses (like medical expenses) and non-economic losses (such as pain and suffering).

• Reasons Why Some Employers Don’t Get Insurance
  Employers might avoid insurance due to its cost, thinking they can save money by not paying premiums. Others may believe they can avoid accidents altogether or assume they can handle claims out of pocket. Smaller businesses, in particular, might feel the financial burden of insurance is too high and take the risk of operating without coverage.
• Reasons Why Employers Should Get Insurance
  Carrying insurance protects both the employer and the workers. It shields employers from expensive lawsuits and ensures injured employees receive proper medical care and compensation. Without insurance, a single accident could bankrupt a business. Moreover, having insurance demonstrates a commitment to employee safety, fostering trust and improving workplace morale.

  When reckless endangerment is involved, victims have options. If the evidence of negligence is strong, a civil claim can be pursued. Alternatively, they can take the simpler route by filing a workers’ compensation claim.

Workers’ Compensation Claims

A brief, final word about these claims. Compensation for economic losses, mostly lost wage replacement and medical bill payment, is available for job-related injuries. Victims don’t have to prove fault. Maximum compensation is available even if the victim was partially, mostly, or entirely at fault for the injury.

Although liability is usually straightforward, these claims often have some twists and turns. Pre-existing conditions, which often come up in hearing loss, repetitive stress, and other occupational disease claims, are a good example. Workers’ compensation still applies if the injury exacerbated the pre-existing condition, instead of the other way around.Injury victims are entitled to substantial compensation. For a free consultation with an experienced Los Angeles personal injury lawyer, contact the Law Offices of Eslamboly Hakim. Lawyers can connect victims with doctors, even if they have no insurance or money.

Image Credit: Photo by Carl Campbell on Unsplash