Frequent questions On the Representation Of the Company/signature In One Demand:
The cases of terceristas that the Company/signature handles are called often cases of legal responsibility by products, or cases of damages by toxic substances. Generally, they go against the manufacturers, distributers and/or suppliers of the substances that caused the damage, and/or the contractors and/or owners of the site where it happened the contact with the harmful substance or the damage. In other words, these demands go against third parties instead of the employer (secondly) or the employee (first).
A worker who also undergoes a damage related to the work has the right to make his reclamation of indemnification to the worker against his employer.
The indemnification to the worker is usually a system of “culpability” and is not the unique resource available to the worker to initiate a legal action against its employer.
Only under certain circumstances a worker can demand to his employer in a tercerista action and, by chance, the Company/signature is responsible to create laws in this field. In the Rudkin case against Johns-Manville de Steven Kazan, the Supreme Court of California decided that a worker can demand to his employer in a tercerista cause if the employer offended or concealed an existing damage already. You can read more on this decision in the section of this electronic site on ours more important verdicts and decisions in appeals.