Third Party

Home » Blog » Third Party

NO HEADLINE CAN RESPECTFULLY DESCRIBE THIS ACCIDENT: INJURED WORKER IN NEWS,#88

Posted on June 27, 2023 by Edward Singer

An Airport Ground Crew Worker tragically was “ingested” into the engine of a Delta Plane. It is reported that the Airport Worker was killed when he was “sucked” into the jet engine. (Dailymail.com) The National Transportation Safety Board (NTSB) investigated the matter. It was also reported that the Worker was “contracted” to Delta.

Is This Incident A Workers’ Compensation Claim?

Yes. In California, this accident would be considered as a workers’ compensation claim. The claim would be for death benefits. the death benefits claim would be for the deceased worker’s dependents. The dependents would be entitled to both death benefits and burial expenses.

Are There Any Other Law Suits Possible?

Yes. The news account fact pattern provided information that could be the basis for a third party liability law suit. It was reported that the Worker was “contracted” to the airline. Thus, it is possible that the Worker may not have been a Delta employee. If the worker did not work for Delta, then Delta could be the subject of a civil lawsuit. With respect to such a lawsuit, the results from the NTSB investigation might shed light as to the nature and extent of any possible negligence. Likewise, a product’s liability case might be explored against the plane manufacturer.

Need Advice on California Workmans Compensation?

If you would like a free consultation regarding workers’ compensation, please call the Law Offices of Edward J. Singer, a Professional Law Corporation at (310) 907-7814. 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.

[since writing this post, the facts concerning this matter may have changed. The fact pattern, however, is relevant for discussion of legal issues based upon the initial fact pattern.]

MASCOT PUNCHED OUT: INJURED WORKERS IN THE NEWS, #87

Posted on June 14, 2023 by Edward Singer

During a planned skit, the Miami Heat NBA Team Mascot got a rude awakening. According to reports, he was belted by a famous mixed martial arts champion. As a result of two punches that were struck, the Mascot was hospitalized and provided pain medication. It is reported that he will not be missing anytime as a result of the injury.

Can The Mascot Sue The MMA Fighter?

Possibly. It is reported that this matter was a publicity stunt. It is possible that the MMA star could also be an employee of the same company that the Mascot worked at. If this matter was in California, the exclusive remedy rule may be in play and the Mascot would be limited to pursuing the workers’ compensation claim. On the other hand, if the MMA Fighter was not employed by the same company, he could be sued via a civil suit.

What Would The Mascot’s Occupational Rating Group Be In This Instance?

In California Workers’ Compensation, there is the dual occupation rule. In this instance, the Mascot, at the moment of injury, was in essence working as a Stunt Person. The question is “whether a Stunt Person’s Occupation group get the Mascot a better rating?” In order to figure this out, the parts of the body to be rated would be necessary.

Are There Any Other Issues On This Claim?

A possible issue in this matter is the Mascot’s wages. It is possible that the Mascot job may not be a full time position. It is likely that the Mascot has some other employment. In California, there is a special formula that is used to calculate wages in this circumstance.

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 30 years. Contact us today for more information.

Tesla Crashes Into Fire Truck: Injured Workers in the News, #77

Posted on February 20, 2023 by Edward Singer

In California, a Tesla Driver died when his car slammed into a Fire Truck. It is reported that several of the firefighters at the scene were slightly injured. The cause of the accident is being investigated. Intoxication or possibly the Tesla’s Autopilot may be the cause. dailymail.com

If The Tesla Driver Was At Fault, Can The Firefighters Pursue Workers’ Compensation Claims?

Yes. The Firefighters were injured in a circumstance that arose out of employment and was in the course and scope of employment. Thus, they satisfy the AOE/COE requirement to pursue a workers’ compensation claim.

If The Firefighters Were Injured In the Same Accident, Will They All Get the Same Compensation?

No. Each workers’ compensation case is based upon the individual and the nature and extent of their personal medical conditions. Likewise, there compensation is also impacted by their wage, their age and their occupation. It is quite possible that two of these firefighters could have sustained identical injuries but receive different amounts of compensation. For example, a very young worker could receive less than a much older worker.

Do The Firefighters Have Another Lawsuit to Pursue?

Possibly. It appears that either the Tesla Driver or the Tesla Vehicle may be responsible for the accident. A thorough investigation is necessary to determine who, if any, was negligent. The reporting to date provides no indication.

What if I Need Advice?

Carbon Dioxide at LAX Airport Sickened Employees: Injured Workers in the News #68

Posted on November 2, 2022 by Edward Singer

It is reported that four workers at Los Angeles International Airport on Monday, Oct. 31, were sickened when a fire-suppression system inside an electrical room went off, releasing carbon dioxide.” One worker was sent to the hospital in grave condition. The worker apparently went into cardiac arrest.

What Type of Injury Is This?

This type of injury is called an “exposure” case. Exposure cases can be extremely dangerous, even fatal. Carbon Monoxide, the alleged chemical in this matter, is an invisible gas. It can displace oxygen. Workers can breath in the gas. It is possible that gas exposure can cause suffocation. In this instance, an alleged heart attack occurred.

How Is This Claim Assessed In Workers’ Compensation?

This claim is a complicated matter. In workers’ compensation, it would be viewed as an Internal Medicine type of injury. Thus, initially, the specialty fields of cardiology and pulmonology would be involved. Both heart and lung damage should be investigated. Likewise, there may be other medical problems which should be addressed as well. Per the Mayo Clinic, “Carbon monoxide poisoning occurs when carbon monoxide builds up in your bloodstream. When too much carbon monoxide is in the air, your body replaces the oxygen in your red blood cells with carbon monoxide. This can lead to serious tissue damage, or even death.”

Is There A Third Party Claim?

Work Injuries do not preclude claims against third parties. Thus, it is important to understand who employees worked for. Other parties may be responsible for the facility and for the system. Based upon the facts, it is possible that there might be a third party claim against the fire suppression system manufacturer. Further, if those who maintained and operated the fire and suppression system may have some liability.

What if I Need Advice?

CEMETERY WORKER CATASTROPHE: INJURED WORKER IN THE NEWS #16

Posted on February 22, 2022 by Edward Singer

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?