Third Party

Home » Blog » Third Party

Tragic Accident: Industrial Robot Crushes Worker in South Korea: Injured Workers in the News, #99

Posted on November 10, 2023 by Edward Singer

A robot may not injure a human being or, through inaction, allow a human being to come to harm.

A robot must obey orders given it by human beings except where such orders would conflict with the First Law.

A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.

Isaac Asimov

A South Korean Worker was reportedly killed by a robot. The employee, who worked for the robotics company, died while he was at a plant for which he was servicing a robotic system which had been installed. Mistaken for a box of bell peppers, the Worker was lifted up and slammed onto a conveyor belt by the robot. rt.com

This article will address this fact pattern within the framework of California Law.

What recourse does the Worker’s family have in this circumstance?

In death caes, the Workers’ Compensation system provides for death claims for dependents of the deceased worker. Burial expenses are also to be provided. Generally, no civil suit could be filed against his employer civilly for this accident under the “exclusive remedy” doctrine. In this circumstance, his employer is the robotic company which had installed the system most likely would only be subject to a workers’ compensation claim.

Are There Any Other Claims That Can Be Filed?

In this circumstance, an investigation should be done with respect to the nature and extent that the worker’s manufactured the robot. If another company was involved in the manufacturing or installation process, it is possible action that an action could be brought against them in the form of a civil suit. Likewise, if the Plant where the system had been installed were somehow responsible for the robot error, they too could be subject to a civil suit.

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.

Unprofessional Conduct: Referee Faces Charges for Assaulting Coach: Injured Workers in the News, #97

Posted on October 27, 2023 by Edward Singer

It was reported that in Corona, California, located in Riverside County, a Referee punched a Coach in the face during the course of a high school basketball game. It was reported that the Coach was punched in the face and sustained additional blows when he was on the ground. As a result of the alleged assault, the Coach was hospitalized and the Referee was arrested. breitbart.com

This article will discuss a number of issues that arise from this incident. These include Third Party Liability and Average Weekly Wage.

What Is Third Party Liability and Why Would It Apply Here?

While it is clear that the Coach sustained a work injury, the fact pattern suggest that there may be third party claims. A Third Party claim, in workers’ compensation, is a claim made concerning the incident against anyone other than the employer. In this instance, the Referee might be considered a third party that who could be sued. Further, it is possible that the Referee might be employed by someone other than the school district in which the Coach worked. If so, they could be sued as a Third Party. If, however, the Referee was also an employee of the school district, then the school district, being the employer of the individual at fault, and also the injured worker, could not be sued outside of workers’ compensation. This is called the exclusive remedy doctrine. Arguably, the Referee could be sued individually as he committed an intentional tort.

Why Are Earnings A Concern In This Type of Case?

In cases involving Coaches, there is the issue as to whether the individual has a full time position at the school district. If he had a part time position, then the adjustment of the claim would require the determination as to whether he had additional employment and wages. The calculation of Average Weekly Wage, for benefits purposes, can include consideration of wages from other employers.

What If I Need Legal Advice?

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?

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?