It was recently reported that both Flight Nurses and Pilots died in a tragic jet plane crash in San Diego. “[T]he twin-engine jet was registered to El Cajon-based Med Jet LLC.” kmph.com
The plane crash constitutes a work-related accident. Dependents of the deceased workers can seek compensation as well as obtain burial expenses to cover the funeral. With the limited facts from the news reports, it appears that employment and jurisdiction issues may exist.
Who Are Flight Nurses?
Flight Nurses provide medical care during transportation of patients. Flight Nurses can serve on fixed wing planes, jet planes and helicopters. Flight Nurses can operate out of a base location. From that location, they can travel throughout the world to provide this assistance.
For example, individuals having a medical event or accident on vacation may need to be transported home.
Is There A Particular Issue with Flight Nurses?
Yes. Jurisdiction is an issue that may come up with Flight Nurses. While they may be based in a particular state, work injuries can occur in other states. Thus, a legal dispute may arise as to which state has jurisdiction to adjudicate the claim. In some instances, multiple states may offer jurisdiction. Jurisdiction is the legal term used for the “correct” location to file the action.
In the present matter, it is not clear whether the Flight Nurses lived in California. If they did, a California workers’ compensation claim could be filed. From the facts, they may be been employed by Med Jet LLC which operates in California. Thus, this is also a basis for California jurisdiction.
Who Is the Employer?
While the plane was registered by Med Jet LLC, it is not clear from the news accounts that the company employed the nurses. A determination needs to be made as to who was their employer.
Are There Other Causes of Action?
In this matter, there may be a variety of causes of action. If the nurses did not work for Med Jet LLC, there might be a cause of action against the plane’s owner. Further, if the pilots were not co-workers, a cause of action may be applied against them. Likewise, there might be a product’s liability claim against the plane’s manufacturer.
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.