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Employer may need workers' compensation defense after death

California work environments can be exceedingly dangerous and an accident can happen when one least expects it. However, whenever a worker is hurt in California, he or she can file a claim for workers' compensation benefits to pay for medical care, lost wages and other kinds of compensation. In such cases, employers will also be liable to pay a portion of those workers' compensation benefits. In some cases, a workers' compensation defense may be necessary to protect employers from being liable for the accident.

Recently a 27-year-old forklift driver was killed when his forklift fell over the top of him. His place of employment was a microbrewery located in Escondido, California. Microbreweries are known for being exceedingly dangerous workplaces where many workers fall victim to accidents.

According to a police lieutenant, the forklift landed directly on the driver, crushing him. The man was taken to the hospital where doctors tried their best to save him. Unfortunately, he later died at the hospital. Family members, co-workers and friends will no doubt feel the loss of this hardworking member of the community. The brewery has published its condolences to the man's loved ones on its Facebook page.

Whenever a California worker is injured an accident, that accident will be covered by state-subsidized workers' compensation insurance. Family members of victims who died may file for workers' compensation benefits. Employers may require a well thought out and strategic workers' compensation defense in order to defend themselves from liability in such claims. Much can be done on behalf of employers to provide legal protections from liability when an unfortunate workplace accident occurs.

Source: ABC 10 News, Worker dies in forklift accident at Stone Brewing Co., No author, Aug. 25, 2013

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