It is reported that a Taco Bell Shift Manager was shot in his shoulder by a Co-Worker.

Apparently, the Store Manager disciplined the Co-Worker.   Ater the discipline a Shift Manager then had an interaction with the trouble Co-Worker. This interaction led the disgruntled employee to get upset at the Manager.  The Co-Worker, who supposedly was slacking off on the job, got upset when the Manager told him that he could clock out if he didn’t feel like working.  The upset employee then took out a gun.  The Shift Manager tried to get away.  Unfortunately, he was shot.   It was reported in the article that neither the police or Taco Bell has acknowledged the workplace shooting. abc7chicago.com

This article will discuss what the Injured Worker needed to do when his employer is not taking responsibility for the claim.

When A Claim Is Not Acknowledged, What Should An Injured Worker Do To Get Benefits?

In California, there are disability benefits that may be available to workers.  “Disability Insurance (DI) provides short-term wage replacement benefits to eligible California workers who have a loss of wages when they are unable to work due to a non-work-related illness, injury, or pregnancy.” DIR.  State Disability will be paid when an industrial claim is being disputed.   Technically, an ignored claim is a disputed claim.

How Would An Injured Worker Get Treatment?

There multiple ways an Injured Worker can obtain treatment when a claim is not acknowledged.  An Injured Worker can seek treatment through their health insurance provider.   Also, they may be able to find a provider who can treat them on a lien.  When the claim is resolved, the health insurance or the lien claimant will seek payment from the Workers’ Compensation Insurance.

What Should The Injured Worker Do In This Circumstance?

The Injured Worker should speak to his Store Manager and ask for a DWC-Claim Form.  He should fill out and submit form to his employer.  If the Store Manager is not responsive, he should contact the corporate office for assistance in submitting in a claim form.

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.

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