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Who is responsible for workplace accidents away from worksite?

Sometimes work-related accidents do not happen at a fixed worksite. On-the-job accidents can actually occur wherever an employee is doing the job he or she was hired to do, regardless of whether it is at a permanent jobsite or not.

For example, people can be injured when traveling between two jobsites, and transportation professionals have mobile jobsites. In a recent accident in Orange County, a man was killed while attempting to repair a tractor trailer he was operating. He had pulled over to the side of the road to make some repairs on the rig, and he was killed when he somehow became pinned between the wheel and the trailer. It is not clear whether the man was on the job or not at the time of this tragedy; the vehicle has yet to be linked to any area businesses.

It is unclear at this time whether the man’s death was caused by an equipment malfunction, unsafe working conditions, or improper safety training, among other possible causes. An OSHA investigation was initiated at the scene, however OSHA passed the investigation over to the Huntington Beach Police Department. This change was prompted after the accident was determined to not have taken place on an actual worksite. 

The fact that the accident did not take place on a fixed worksite does not necessarily mean that the man’s employer might not be liable for the man’s death, is he was on the job at the time of this tragedy.

Workers’ compensation is meant to compensate work accident victims and their families for losses sustained in work accidents, regardless of where the accident occurs.

Source: OC Register, “Man trying to repair rig killed in Huntington Beach,” Sean Emery, March 10, 2014

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Law Offices of William W. Green & Associates
505 S. Villa Real
Anaheim, CA 92807

Phone: 714-464-6903
Toll Free: 866-543-7598
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