A Taco Bell Employee may have earned himself a new profession as a WWE wrestler.
A viral video shows this fearless Fast Food Worker dodging a customer’s blow and performing an epic take down. He picked up and hurled the man over his shoulder and tossing him into the air. The customer dropped to the ground. thesun.com
The video and the incident raises an important workers’ compensation question, could the Taco Bell Employee pursue a workers’ compensation claim if he was injured in the incident?
Is the Taco Bell Employee’s Possible Claim Barred By Workers’ Compensation?
The Labor Code provides an exception to workers’ compensation when there is a physical confrontation. Initial physical aggressors are barred from pursuing claims. Labor Code Section 3600 (a)(7) provides that in the event of an altercation the initial physical aggressor will not be able to pursue the matter. Given the facts, the customer threw the first blow. Therefore, the customer, for workers’ compensation purposes, would be considered as the initial physical aggressor.
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.