Dependents

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

Posted on January 10, 2022 by Edward Singer

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

SECURITY GUARD TRAGICALLY MURDERED IN OAKLAND: INJURED WORKERS IN THE NEWS #3:

Posted on November 29, 2021 by Edward Singer

A brazen attempted robbery of news camera equipment led to a Security Guard’s murder. While working for Star Protective Agency, the Guard was assigned to an on location KRON news team. While doing so, he was shot in the abdomen and died. It is reported that he was married, has two children, and has three grandchildren.

This industrial death has issues concerning (a) who is entitled to and (b) the nature and extent of workers’ compensation dependency benefit.

Which Company is Responsible for The Security Guard’s Workers Compensation Claim?

Workers’ Compensation claims are to be filed against one’s employer. Often, employees, while working for one company, are performing services at another. In this instance, while the Security Guard was working with the KRON news team, his actual employer was the Star Protective Agency. The claim will be filed against Star.

What Type of Workers’ Compensation Claim is To Be Filed?

Besides the injury claim, a Death Dependency Claim is indicated. According to the reports, the Security Guard had a wife, children and grandchildren. Thus, prior to his demise, he may have financially supported a number of people. Therefore, a factual analysis is necessary to determine the nature and extent of each dependency.

Are There Different Types of Dependents?

Yes. In California Workers’ Compensation Law, there are two types of dependents: total and partial. Total dependents are entitled a greater amount compensation than partial dependents.

What Is the Difference Between a Total and Partial Dependent?

The difference between total and partial dependents is the nature of the support that they received from the deceased worker. Beyond the actual support, legal presumptions can provide the assignment of total dependency. Spouses with certain levels of earnings as well as children under the age of 18 are afforded total dependency.

Other claimed individuals are required to prove their dependency by showing the support they received from the deceased. Likewise, a claimed dependent’s income will be considered in the calculation. For example, a child living free at home may also have a job.

What Is to Be Learned From This Tragic Story?

A simple undisputed work injury can lead to a complex analysis in order to pay out compensation.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.

WORKERS’ COMPENSATION IN THE NEWS #11, A FATAL TRAGEDY THAT OCCURRED IN DRAMATIC FASHION

Posted on October 11, 2021 by Edward Singer

A Bolshoi Theater had a tragedy occurred when an actor was crushed to death when a set backdrop fell upon him. The actor was 37 years old. It is reported that former Bolshoi performers condemned the working conditions.

According to the story, “Nikolai Tsiskardze, a former principal dancer at the theatre, told Russian newspaper Komsomolkaya Pravda following the incident that the company’s actors, dancers and workers suffer frequent injuries and near-misses as a result of the dangerous working conditions. ‘Backstage is hell,’ said Tsiskardze. ‘Dancers damage their legs when sets and staircases fall over. I have been screaming about the problems of the Bolshoi for 25 years. There is no order, no medicine, no ethics.’ Dailymail.com

Does Workers’ Compensation Cover Deaths?

Yes. Workers’ Compensation Law in California would consider this fatality to be a death claim. In general, dependents of the actor would be able to make a claim for death benefits. Dependency benefits are based upon whether the claimed dependent is either actually dependent or legally dependent upon the deceased. Dependency is a matter that requires analysis and must address certain time periods. Additionally, burial expenses up to $10,000.00, are to be provided.

Is There Any Other Claims?

Given the facts, and the work conditions, there were issues of dangerous work conditions. There is the possibility of a serious and willful misconduct claim in the matter. A CAL-OSHA investigation may reveal whether there were any safety violations. This would be an issue worth investigating. Also, if the Theatre was owned and operated by a Third Party, a civil suit might be indicated if there was negligence on their part.

What If I Need Legal Advice?