The law of worker’s compensation is designed to deal with injuries that are sustained at work. However, some situations are so serious that they can involve claims in civil court as well as the District Attorney’s office. It appears that the case of a seriously injured woman against Hershey avoided much of that recently when a settlement was announced between the parties.

According to the Modesto Bee:

“A 35-year-old Ceres woman whose arm was severed as she cleaned a Hershey chocolate factory machine will get $100,000 in exchange for criminal charges being dropped against the company, a prosecutor said Wednesday.

Erica Domen also received a $300,000 lump sum as well as $5,000 a month in workers compensation, which will continue for the rest of her life.

The Hershey Co. faced two charges alleging it did not secure safety checks on the machine that injured Domen.

The company faced a maximum fine of $1.5 million if the case had gone to trial. But Deputy District Attorney John Goulart said dropping the criminal charges helped ensure some money would go to Domen because she might not have been entitled to more restitution.

On March 24, 2007, Domen was cleaning the inside of a “conomill,” a batter-sifting machine, when a rotating paddle in the machine caught Domen’s left arm and amputated it at the shoulder.

A report by Cal-OSHA found that employees weren’t properly trained in how to lock a machine so it couldn’t begin operating while being cleaned or repaired.

OSHA’s report also noted that a switch that was supposed to stop the machine from operating in such a situation was broken.”

If you or someone you love has been seriously injured at work or anywhere else, you need the help of Sacramento personal injury attorneys who understand all of the complexities of different types of laws. Contact Demas & Rosenthal today to schedule a free initial consultation.