Employment

Home » Blog » employment

Tragic Fate: Italian Cheesemaker Perishes in Cheese Wheel Avalanche: Injured Workers in the News, #96

Posted on October 25, 2023 by Edward Singer

A workplace tragedy raises an interesting workers’ compensation hypothetical question. It was reported that a Farmer was crushed to death by an avalanche of Parmesan Style Cheese Wheels. From the news account, it appeared that the Farmer owned the business. This fact pattern raises the question as to whether a business owner can also be covered under workers’ compensation benefits. In addition to that issue, this article will analyze the industrial causation aspect to the accident.

Would This Accident Qualify As A Workers’ Compensation Injury?

As workers’ compensation is a “no fault” system, the accident described, either accidental or unexplainable, would be considered as work-related. Workers’ Compensation Law does not require that the exact cause of injury be determined. Rather, the accident is viewed under a prism of reasonable probability. As it was most likely accidental in nature, the incident would be considered work-related. As the death was caused by the avalanche of cheese, the death would be considered as industrial.

Can An Employer Or Owner Of A Company Be Considered As An Employee Eligible For Workers’ Compensation Benefits?

In California, it is possible for employers to participate in their workers’ compensation claims’ policy. In order to do so, the employer should contact the carrier and make arrangements. For example, a corporation owner may take salary at the company. As such, the owner is technically an employee. If the owner chooses to do so, they would be required to pay for the insurance premium based upon their salary. Likewise, if no arrangement is made, the employer is likely to be viewed as a non-employee and not eligible for benefits.

What Death Benefits Would Be Available?

If the death was covered under workers’ compensation, the Farmer’s dependents would be entitled to death benefits. Further, burial expenses are available up to $10,000.00.

What If I Need Legal 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 30 years. Contact us today for more information.

City Worker Dies After Being Electrocuted in a Cherry Picker: Injured Workers in the News #69

Posted on November 18, 2022 by Edward Singer

A sad story comes out of Houston, Texas. During election season, a Parks and Recreation Department Worker suffered a work-related injury- electrocution- and died. Foxnews.com

News reports offer sparse information. Thus, we will create a hypothetical and assume that the electronic voting system was the source of the electrocution. The death, in an of itself, would likely trigger an OSHA investigation to determine the cause of the death.

Assuming the hypothetical fact pattern that the Parks Worker was working on election issues and that the voting machine caused their death, we will discuss the issues that would arise.

What Type of Claims Can Be Brought in This Circumstance?

Under California Law, since the employee passed away, his or her dependents would be eligible to claim dependency death benefits. Likewise, they would be eligible to received up to $10,000.00 relating to burial expenses. The dependency analysis involves marital status, the age and health of children, and the amount of support that the deceased provided to any claimed dependent. Also, for spouses earning less than a certain amount and for minor children, there are presumptions that may be employed to claim dependency may be employed.

For the Purposes of Workers’ Compensation, Who Was The Deceased Worker’s Employer?

Elections can involve multiple government agencies. Employees from one government agency could be placed on loan to others. Thus, a question can be raised as to “who was this person’s employer at the time of death? ”

Why Is The Employer Determination Important?

In this matter, the determination of the employer is important. First, this knowledge will inform the dependents to place in a claim, Likewise, the determination may establish the possibility of a third party case. Hypothetically, if the electrocution occurred as a result of defective election equipment, it is possible that the owners of the equipment and the manufacturers of the equipment may have some liability. Also, if the employee was considered to work for the City of Houston, they could potentially sue the County which was responsible for the running the election and for the election machines.

What if I Need Advice?

A HOSPITAL SHOOTING: INJURED WORKERS IN THE NEWS # 41

Posted on June 6, 2022 by Edward Singer

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?

IWITN #37: The Famous Slap Incident Proves That Hearing Loss Is No Joke

Posted on May 20, 2022 by Edward Singer

Comedian Chris Rock was famously slapped at the Academy Awards Ceremony when he was a presenter. He reported that he still suffers from hearing loss as a result of the incident. thestart.com

This article will discuss whether Mr. Rock’s injury would be considered as a workers’ compensation claim.

Did Mr. Rock Suffer a Work-Related Injury Eligible For Workers’ Compensation Benefits?

Most likely yes. A requirement for there to be a workers’ compensation claim is that there is an employment relationship. The questio to be asked in a case such as Mr. Rock’s is “who did he work for?” Whoever hired him to be the presenter would be considered his employer. It could have been the broadcast company. It would have been the production company. It could have been a casting company. To determine who was Mr. Rock’s employer, the first place would be to do would be to look at his paycheck.

If Hearing Loss Is Mr. Rock’s Injury, How Would It Be Addressed Under Workers’ Compensation?

Workers’ Compensation Law provides for permanent disability and future medical care for hearing loss injuries. Mr. Rock would most likely be referred to an Ear Nose and Throat or ENT doctor to evaluate him. The other name for these type of doctors is otolaryngologist. He may also be sent to an audiologist to have his hearing tested. Mr. Rock would also be evaluated with respect to whether his hearing loss could be corrected with hearing aids. The medical evaluations will determine whether Mr. Rock had any permanent injury with respect to hearing loss. Likewise, they will determine if he will need ongoing and future medical care.

What If I Need Advice?

LOS ANGELES COUNTY SHERIFF’S HELICOPTER CRASH: INJURED WORKERS’ IN THE NEWS, #23

Posted on March 21, 2022 by Edward Singer

Five Los Angeles County Sheriff’s Deputies and one Civilian were injured when a department helicopter crashed. The vehicle was in flight to a vehicle collision scene. It reported that the injuries were not life threatening. In the copter, there were deputies including the pilot, copilot, crew chief and two paramedics. Villanueva [the Sheriff] said the sixth person on board was a UCLA doctor doing a ride-along. Sbsun.com

The fact pattern raises issues of who were employees at the time of the accident. The fact pattern also addresses the issue of different workers’ compensation benefits for different classes of employees.

Who Was An Employee In This Accident?

From the facts, it is clear that the Los Angeles County Deputies and Paramedics would be considered employees for the purposes of the accident. The question would be as to whether the UCLA doctor would be considered an employee. The facts indicate that he was doing a ride-along. Further, it would appear that the UCLA doctor was an employee of UCLA and not Los Angeles County. Thus, his employment, for the purposes of the accident, would be considered UCLA.

The next question would be whether this ride-along would be considered part of the UCLA doctor’s employment. Did the ride along arise out of and was it in the course and scope of employment? Was there a “nexus?”

A factual determination should be made as to whether the injury arise out of and was in the course and scope of employment. . Questions such as “whether the ride along had a connection to his employment?” would be of assistance. Did his department recommend that he do the ride along? Was the ride along something that he did to assist him in doing their job a doctor at UCLA? For example, “was the doctor an emergency room doctor?” Alternatively, was this something the doctor did completely independent of his job? As such, there are many facts that must be ascertained to make a decision. Ultimately the determination would likely be made at the trial level by a Judge. .

For the Employees How Are They Going to Be Paid?

In the facts, there are Deputys and Paramedics involved. Desputys are covered under Labor Code 4850 for salary continuation in lieu of total temporary disability benefits. Paramedics, howeveer, may not be covered under LC 4850. They may have to look towards their Memorandum of Understanding to determine if they have special temporary disability benefits.

What If I Need Advice?

https://www.sbsun.com/2022/03/19/la-county-sheriffs-helicopter-crashes-in-mountains-above-san-dimas-5-hospitalized/