A Social Worker tragically died. Per the Nypost.com, the Social Worker knocked on the wrong door during an in-field appointment to visit a client. As a result of this, the Social Worker was assaulted. The individual l repeatedly punched her. He then kicked her with heavy boots. She sustained a severe brain bleed, swelling of the brain, and multiple facial fractures. She survived for approximately one month before dying.
This case will be analyzed under California Workers’ Compensation Law.
If the Social Worker knocked on the Wrong Door, Does That Matter?
No. California Workers’ Compensation is a “no fault” system. Therefore, if the Social Worker made a mistake in knocking on the wrong door, it would not preclude her from having a valid claim.
Are There Two Types of Cases Here? Why?
In this fact pattern, there are two workers’ compensation claims. One is considered as the “live” claim and the other is a “death” claim. The “live” claim is one that considers the Social Worker’s disability prior to her death. During that period of time, it would appear that she was totally temporarily disabled. Thus, she would have been paid short term workers’ compensation benefits. These are referred to as TTD benefits. Further, it would appear that this Social Worker received substantial amounts of medical care while they were trying to keep her alive. This medical expense should also be considered as part of the “live” case.
Beyond the “live” case, there is also the “death” claim. The “death” claim serves two purposes. First, it is designed to compensate the Injured Worker’s dependents. The nature and extent of dependency, however, is something that is defined within workers’ compensation law. Also, time periods involved are of import. Also, the dependency payments are determined by various formulas. Also, the “death” claim includes the payment of burial expenses.
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