If a workmen has contracted industries dermatitis due to his 10 yrs exposure and working in the aluminum industry, and that he has worked with 3 different employers for the past ten years, then which employer shall be liable? he has resigned on dec 2004 and then was dianosed on 1 june 2005.
2007-08-18 00:20:40 · 3 answers · asked by Anonymous in Business & Finance ➔ Insurance
The first answer is wrong. You don't sue anyone on a workers' compensation claim. The last employer is the one to whom the claim should be presented. You will have a hard time getting any employer to accept the claim, given the facts. The burden of proof is on the employee to show that the disease could only have occurred at work.
2007-08-18 00:32:58 · answer #1 · answered by regerugged 7 · 0⤊ 2⤋
Whoever you sue. It is the suing persons responsibility to demonstrate liability in court. A doctors opinion or two should define the various liabilities and percentages of culpability.
Your loyer will enjoin all the companies in the suit. A judge or arbitrator will make the final decision.
Wayne J is wrong, you will only get paid once.
It is called joint and several liability.
If the companies are not taking responsibility and responding to your claim, you must file suit. Old vlaims adjusters will tell you not to sue. If you they have rejected your claim, you must sue to get anything. (Too much Wikipedia)
It is illegal for your employer to punish or fire you for having a job injury or illness, for filing a claim, or testifying in another person's workers' compensation case (Labor Code 132a). If proven, you may receive lost wages, job reinstatement, increased benefits, and costs and expenses up to limits set by the state.
You have the right to disagree with decisions affecting your claim. If you have a disagreement, contact your claims administrator first to see if you can resolve it. If you are not receiving benefits, you may be able to get State Disability Insurance (SDI) benefits.
You can consult with an attorney. Most attorneys offer one free
consultation. If you decide to hire an attorney, his or her fee will be taken out of some of your benefits.
2007-08-18 00:24:23 · answer #2 · answered by Anonymous · 1⤊ 1⤋
All three. OSHA requires that each and every employer is responsible for an employees current and future health if said condition can be traced back to previous working environments. Check out this site it may help.
http://www.weitzlux.com/chromium/freeconsultation_1036.html
2007-08-18 00:32:02 · answer #3 · answered by Anonymous · 0⤊ 2⤋