Death in the Workplace
Death in The Workplace
Are employers liable for accidental deaths in the workplace on on the job?
Under California's Workers' Compensation Act, employers are liable for workers' death benefits only for employees injured in the course of employment (Cal Lab Code § 3600). Employees are any workers under a contract of hire with the employer other than independent contractors. Generally, in workplace injuries or death, the presumption is in favor of employee status, and the burden is on the party seeking to avoid liability to prove independent contractor status. The Legislature has specifically mandated that the statutes be liberally interpreted in favor of coverage for employees injured in the course of employment...
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