A LAX Shuttlebus collided with a taxiing Airplane. It was reported that the plane struck the bus. The news account indicated that the cause of the injury was unknown.
As a result of the accident, both the Tug Driver and the Bus Driver may have both been injured and required hospitalization. nypost.com
This article will discuss the nature of fault with respect to an accident and its impact on a workers’ compensation claim.
Even if fault has not been established, can these Injured Workers pursue workers’ compensation claims?
Yes. Workers’ compensation is a “no fault” system. Thus, even if either the tug operator or the bus driver were negligent, both employees can pursue claims with their employer. Labor Code Section 3600(a) provides for compensation without regard to negligence. Absent any exception to the rule, it would appear that both workers have valid work injury claims.
If negligence was established against one of the drivers, can they still pursue a workers’ compensation claim?
Yes. An Injured Worker who got hurt as a result of their own negligence, in general, can pursue a claim. Labor Code Section 3600(a) provides for compensation without regard to negligence. Absent any exception to the rule, it would appear that both workers have valid work injury claims.
What if I Need Advice?
If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.