Third Party

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?

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.

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?

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.