work injury claim form with a judge's gavel

A TACO BELL WORK INJURY TRAGEDY: INJURED WORKERS IN THE NEWS, #9

A Los Angeles Taco Bell Worker, and Father of 3, was tragically murdered while working.  He was shot dead after an argument with a customer over a fake $20.00 bill. The shot was fired from the customer drive-thru.  The Father worked there one day a week to make extra money for his family.  His son also was working in the restaurant when the shooting happened.  Foxnews.com, Dailymail.com

In this matter, there are multiple injury claims; a death claim concerning the Father, and  possible stress claims for each and every store worker who was present at the time of the shooting.  The employees include one of the Father’s son.

Are There Any Issues Concerning the Death Claim?

Yes. There are multiple issues concerning the Father’s death.   First, there would be a death claim which can be filed for all of his dependents.  He has three children and he may have a spouse.  Thus, there are multiple individuals who can seek death benefits.  Further, there would be burial expenses that would be available.  Second, there is an issue of his earnings.  From the story, he worked one day a week at Taco Bell.   It is possible that he had other employment.   If so, his rate of pay would be an issue as well.

In sum, while this tragic death is an undisputed work injury claim, there are complicated issues concerning who are the dependents and the compensation rate.

Are There Any Issues Concerning the Co-Workers?

Yes. If the co-workers sustained a mental health injury as a result of the incident, they would be able to pursue a claim.  The Son would be able to pursue both an injury claim for himself as well as a dependency claim relating to his Father’s passing.   His dependency, however, would be subject to an analysis based upon his age and the nature and extent of his dependency.

Are There Any Other Issues?

The family may seek benefits through the California Victim Compensation Board.

What if I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

Image Credit to: danielfela

California Workers’ Compensation Stress Claims: What You Need to Know

Is Stress a Claim for a Workers’ Compensation Injury?

No. Stress is a causative factor of an injury. Stress is not an injury in and of itself. Stress is the body’s reaction to stimulus. Stress is not a body part. Stress is a condition that impacts various parts of the body and body systems.

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