A tragic shooting occurred in a Tulsa Hospital.  The shooter had just received back surgery a few weeks before and was apparently not happy.  He killed the surgeon, another doctor, the receptionist and a patient.   The shooter then took his own life.

This article will discuss this matter under California Workers’ Compensation Law.  The discussion will be as to who is covered under workers’ compensation for this incident.  Additionally, the article will discuss what an Injured Worker can do within the workers’ compensation system if they feel that their back surgery was not successful.

Who Was An Employee In This Tragic Shooting?

While the tragic accident happened in the work setting, a hospital is a unique setting.  Doctor may have privileges at the hospital but they may not be employees of the hospital.  Likewise, they may be Private Practitioners and may be excluded from workers’ compensation coverage. Private Practitioners, however, may seek to be covered. If they have a corporation and are an employee of the corporation, it is possible that they could place themselves on the policy.  Assuming both doctors were self-employed, then only the receptionist, in this tragic shooting, would have been covered.

In the Workers’ Compensation Setting, How Does One Deal With An Injured Worker Deal With An Unsuccessful Back Surgery?

Back surgeries, in any setting, are complicated.  There are risks involved. Some procedures can take extended periods of time to heal. Some procedures are not successful.  Injured Workers in this situation can seek second opinions. They can also change of treating physician.  Further, other forms of treatment can be provided.  If there was significant pain,  a request for authorization for a Pain Specialist might be appropriate.  Likewise. a referral to mental health practitioner to assist an Injured Worker with emotional issues post-surgery.

Back surgeries can be so complicated that some doctors require a mental health clearance pre-surgery in certain circumstances.

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.

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