Under what theory could a workers’ compensation claim for these deaths be prosecuted?

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.