Category — Worker's Compensation Claims Tahoe Truckee

Workers’ Compensation laws are “no fault.”  That means it does not matter whether someone, (employer, employee or third party) or no one, is at fault.   If the injury or death is work related, it is covered.  Secondly, under California’s compensation laws, both the facts and the law are liberally construed in favor of sustaining a claim.   And following this reasoning, a special rule was developed to find in favor of industrial “causation” of many injuries and deaths.  It is called the “Bunkhouse rule.”

The “Bunkhouse Rule” provides extra protection to employees who live in employer provided housing.  Injuries suffered on the employer’s premises are generally covered by the compensation laws.  The reasoning is that the housing is provided not only to benefit the employee, but is for the employer’s benefit as well.   And there are many other situations where injuries suffered away from the regular workplace are covered.  (For example, while on business trips, attending certain educational, and even some recreational programs, sometimes while commuting in a company vehicle, even while indulging in certain totally personal activities.)

If you or anyone you know have suffered an injury (or the death of a family member) it is important to contact a Workers’ Compensation specialist to determine whether benefits for the worker, or the survivors, might be available.  There are strict time limits to file a claim, so it is VERY important to contact an attorney as soon as possible.  Even when a claim is accepted, the extent of benefits payable will usually be increased when represented by an attorney compared to proceeding without one.

For more information about California workers’ compensation claims, or if you have questions about workers’ compensation issues, contact Kim Steven LaValley at (877) 233 8399, or visit him at:  ksl@law-in-tahoe.com.

One of the many interesting aspects of Workers’ Compensation is how wide the coverage “net” is.  Work related injuries or death often are covered in surprising circumstances that on first impression would not appear to be work related.

For example, and not long ago, there were three tragic deaths at a well known ski resort in the California Sierra Nevada mountains.  As reported in the Sacramento Bee and the Yuba Appeal Democrat, three young women from Yuba County (Marysville, Olivehurst and Loma Rica,) were employees at the resort and lived in “company housing” at the resort.  At a point in time not specified in the news, they went outside and got into their car in the employer’s parking lot.  They fell asleep while the car was running in a snow storm, and over time the snow covered the car and the car’s exhaust pipe.  The accumulating snow trapped the exhaust from the running engine, and its deadly component, carbon monoxide, was forced into the passenger compartment.  All three died of asphyxiation—lack of oxygen.

There is a good chance that these deaths would be compensable under California Workers’ compensation law, providing the possibility of substantial benefits to the surviving families.  As is often the case in answering a legal question, much depends on the particular facts of the case under consideration.  A detailed review of the facts would be needed to determine whether the case could be pursued or not.