CEMETERY WORKER CATASTROPHE: INJURED WORKER IN THE NEWS #16

In New York City, a Cemetery Worker was crushed by a headstone weight 2,000 pounds. At the time, she was clearing graves.  It is reported that the 53-year- old worker was a mother of 5 and that one of her sons was working with her at the time.

Sadly, she died shortly after she was brought to the hospital.  It is reported that both the worker and her son worked for a third-party company. The family is suing the cemetery.  Dailymail.com

How Can the Family Sue the Cemetery?

In this instance, the Cemetery Worker was employed by another company and not the Cemetery itself.

Frequently facilities, such as Cemeteries or Malls may contract with outside companies to perform maintenance or janitorial work.  Thus, the Cemetery Worker’s family can seek workers’ compensation benefits against her actual employer, the outside company which provided the maintenance, as well as the Cemetery.  The Cemetery, given the facts, would be considered as a Third Party.  The suit against the Third Party would be for personal injury as opposed to a workers’ compensation claim.

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.

WORKERS’ COMPENSATION IN THE NEWS #8: CAN A FIRE CAPTAIN FINGER LIABILITY ON A PROPERTY OWNER FOR A WORK INJURY?

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?

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.

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