A horrific multi-vehicle crash occurred involving both a school bus and a dump truck. Many students were injured. It is reported that the police investigated that matter and that it is likely that no charges that would be filed for negligent operation of a vehicle. It is reported that both the dump truck driver and the school bus driver were trapped in their vehicles for an extended period of time and that one of them required medical treatment. There was no information in the article as to which driver, if any, was at fault. Dailymail.com
This article will address whether fault would matter in this case with respect to workers’ compensation.
Can Either Driver Pursue a Workers’ Compensation Claim in This Circumstance?
Under California Law, both drivers would be able to pursue a work injury claim. Workers’ Compensation is a “no fault” system for which the negligent operation of a vehicle causing an injury would not bar a claim. Thus, if one of the operators had missed a stop sign and that caused the accident, if would not bar the claim. In this instance, either operator could file a claim. Labor Code Section 3600 provides “(a) [l]iability for the compensation provided by this division, in lieu of any other liability whatsover….shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course and scope of employment.”
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.