Subrogation

Teacher Knocked Out by Student Throwing Chair: Injured Workers in the News, #90

Posted on October 1, 2023 by Edward Singer

It is reported in Michigan that a teacher sustained a head injury when she was struck by a chair. It is reported that a student threw the chair. The video of the incident shows a chair going airborne and striking the teacher in the back of her head. The teacher was taken to the hospital for treatment. It was reported that the Teacher went to the ground for several seconds after the blow. This incident was captured on video and posted on social medical where it has garnered over 21 million views. nypost.com There is the likelihood that the student will face criminal prosecution.

This article will discuss the Teacher’s rights within the context of California law.

Who Pays the Hospital Bill?

In this instance, there are multiple individuals who could be responsible for paying the bill. There is the student and her parents. Also, there is the School District who is obligated to pay under workers’ compensation law. Finally, there is the possibility that the Injured Teacher’s health insurance would be billed. If the Teacher’s health insurance paid, it is likely that they would seek reimbursement from the workers’ compensation insurance. This reimbursement action is sometimes referred to as subrogation.

Who Is Liable for The Teacher’s Injuries?

In this instance, the School District’s workers’ compensation insurance is to cover the injured worker’s benefits. These include medical treatment costs, temporary disability costs, permanent disability costs, need for future care, and vocational rehabilitation benefits if indicated. Outside of workers’ compensation, the School District’s retirement system may also be liable to provide a disability retirement should the teacher be unable to return to her teaching position. Further, there is the student and her parents who are liable. Also, in California, there is the Victim’s Rights Board which is also available for the purposes of providing some benefits.

What Type of Injuries May Have Occurred?

In the present matter, there are a variety of injuries that could have occurred. There is the head trauma. In this instance, given the fact that there was likely a loss of consciousness, a concussion may be an appropriate diagnosis. Likewise, there may be hearing loss or some dental injury that may have occurred. Further, there may have been an orthopedic injury to the Teacher’s neck or other body parts. Finally, the Teacher may have sustained a psychiatric injury as a result of the trauma.

What Is the Most Important Thing For the Teacher to Do?

In this instance, it is most important that the Teacher identify each and every body part injured so that they may get proper treatment and assessment. Many times, Insurance Companies are skeptical when amendments are made to claims concerning body parts. In sum, this Teacher should work to get a work-up from each and every medical specialty that is indicated as a result of the injury.

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.

WCITN #12: Will Workers’ Comp Deliver for a UPS Drivers’ Family?

Posted on October 12, 2021 by Edward Singer

A horrible accident occurred in San Diego, California. A UPS Driver was killed when a twin engine aircraft crashed their vehicle. It appears that a doctor, who owned the plane, may have been piloting the plane on a commute.

Is This a Workers’ Compensation Claim?

Assuming that the UPS Driver was “on the clock” and on their route, this accident would be considered a workers’ compensation claim. As the individual passed, this would be a death claim.

If the driver had dependents, i.e spouse or children, they would be able to receive death benefits. The amount of death benefit depends on the nature of the dependency. These factors include both factual and legal issues. The death benefit amount can vary based upon the number of dependents, the characterization of the dependency, total or partial, and the age of a dependent.

In addition to the death benefit, burial expenses up to $10,000.00, are to be paid.

Is There Any Other Claim?

Yes. It appears that there may be a Third Party Liability Claim. While an investigation may determine that there are multiple Third Parties, it would appear that the pilot, the doctor, and his estate, may be liable. This lawsuit could be brought along with the Workers’ Compensation Claim.

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 #8: CAN A FIRE CAPTAIN FINGER LIABILITY ON A PROPERTY OWNER FOR A WORK INJURY?

Posted on September 17, 2021 by Edward Singer

In Los Angeles, a horrific property fire happened at a Vape Shop which included an explosion. As a result, a number of firefighters sustained injuries trying to put out the fire. A Fire Captain sustained serious injuries which included the loss of fingers.

It was reported that he is now suing the property owner for negligence. The allegations of negligence concerned the owner’s storage of both nitrous oxide and butane containers in excess. Dailymail.com

Was the Fire Captain’s Injuries a Workers’ Compensation Injury?

Yes. The Fire Captain was in the course and scope of his duties when putting out the fire. Therefore, he is entitled to pursue a workers’ compensation case.

If the Fire Captain Filed the Civil Suit Against the Property Owner, Can He Still File a Workers’ Compensation Claim?

Yes. Many Work Injuries are caused by Third Parties. A Third Party is someone other than the Employer. Based upon the alleged facts, the Fire Captain could pursue both a workers’ compensation claim and a civil lawsuit. He did not have to choose between one or the other.

Can an Injured Worker Collect Separately From Both a Workers’ Compensation and a Civil Claim?

Not necessarily. Many times, the Insurance Company for the Workers’ Compensation will join in the Civil Lawsuit. This is called subrogation. They, like the Injured Worker, are entitled to collect a recovery from Third Party that was liable for the work injury. The division of the proceeds from a Civil Action would be dependent on the facts. For example, if the Workers’ Compensation Insurance paid out a lot of money in medical care, their lien on the Third Party case may be quite substantial. They would command a considerable amount.

Is There Any Special Benefits a Fire Captain Can Receive from This Work Injury?

Yes. There are two special benefits. First, the Fire Captain is entitled to salary continuation for up to one year pursuant to Labor Code Section 4850. Second, the Fire Captain, due to finger amputations would be entitled 240 weeks of TTD benefits as opposed to the 104 week limitation. This is per LC 4656.

Why Would the Fire Captain File a Civil Claim?

A Civil Claim provides for different types of damages. For example, wage loss would be a factor. In light of the Fire Captain’s loss of fingers, he may have substantial wage loss as his firefighting career may be over.

What If I Need Legal Advice?